LUCINDO SUAREZ, J.
Upon defendant's order to show cause signed May 2, 2008, the affirmation of Dale J. Degenshein, Esq. dated May 1, 2008, the affidavit of Ira Meister sworn to April 28, 2008 and the exhibits annexed thereto; the affirmation in opposition of William J. Rita, Esq. dated June 10, 2008 and the exhibits annexed thereto; the reply affirmation of Dale J. Degenshein, Esq. dated June 24, 2008; and due deliberation; the court finds:
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