Ordered that the order entered March 7, 2008, is reversed insofar as reviewed, on the facts and in the exercise of discretion, that branch of the defendants' motion which was for leave to renew their original motion is granted, upon renewal, the order entered October 9, 2007, is vacated, and the matter is remitted to the Supreme Court, Westchester County, for a determination of the defendants' original motion on the merits; and it is further,
Ordered that the appeal...
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