No. 116. Argued September 5, 2007. decided October 18, 2007. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 29, 2006. The Appellate Division order, insofar as appealed from, modified, on the law, an order of the Supreme Court, New York County (Richard B. Lowe, III, J.; op 2004 NY Slip Op 30089[U]), which had granted defendant's motion for summary judgment to the extent of dismissing the first
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