Ordered that the order entered October 28, 2008 is reversed insofar as appealed from, on the law and in the exercise of discretion, that branch of the plaintiff's motion which was for leave to renew is granted, and, upon renewal, so much of the order entered September 4, 2008, as denied that branch of the plaintiff's prior motion which was for class action certification pursuant to CPLR article 9 is vacated, and that branch of the plaintiff's prior motion is granted; and...
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