Ordered that the order dated May 21, 2018, is reversed, on the law, the defendant's motion for summary judgment dismissing the complaint is denied, and the order dated November 30, 2018, is vacated; and it is further,
Ordered that the appeal from the order dated November 30, 2018, is dismissed as academic in light of our determination on the appeal from the order dated May 21, 2018; and it is further,
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