Ordered that the order dated July 16, 2008, is modified, on the law, by deleting the provision thereof, upon reargument, in effect, vacating so much of the order dated May 27, 2008, as granted the defendants' motion for summary judgment dismissing the complaint and thereupon denying the motion, and substituting therefor a provision, upon reargument, adhering to so much of the order dated May 27, 2008, as granted the defendants' motion for summary judgment dismissing the complaint...
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