Ordered that the order is modified, on the facts, on the law, and in the exercise of discretion, by deleting the provision thereof, upon reargument, adhering to so much of the original determination in the order entered September 11, 2007, as denied the defendant's motion pursuant to CPLR 3126, inter alia, to dismiss the complaint and substituting therefor a provision, upon reargument, vacating the determination in the order entered September 11, 2007; as so modified, the...
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