Ordered that the order entered December 17, 2007, is reversed, on the law, the facts, and in the exercise of discretion, without costs or disbursements, the defendant's motion for leave to renew is granted, and, upon renewal, the original determination in the order entered October 9, 2007, denying the defendant's motion for summary judgment dismissing the complaint is adhered to.
In an order entered October 9, 2007, the Supreme Court denied the defendant's motion...
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