Ordered that the appeal from the order of reference is dismissed; and it is further,
Ordered that the order dated January 5, 2000, which, inter alia, granted the motion for summary judgment, is reversed, on the law, the motion is denied, upon searching the record, summary judgment is granted in favor of the defendants, and the complaint is dismissed without prejudice; and it is further,
Ordered that the appellant is awarded one bill of costs.
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