Ordered that the order dated July 11, 2007 is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the plaintiff's motion which was for leave to renew and substituting therefor a provision granting that branch of the motion, and upon renewal, adhering to the original determination in the order dated January 5, 2007, denying the plaintiff's motion pursuant to General Municipal Law § 50-e (5) for leave to serve...
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