Appellate Division of the Supreme Court of the State of New York June 15, 2004 (Shaw v. Looking Glass Associates, LP)

Order, Supreme Court, Bronx County (Norma Ruiz, J.), *101entered August 12, 2003, which granted plaintiffs motion for renewal of the order, same court and Justice, entered March 14, 2003, granting defendants’ motion and cross motion for summary judgment and, upon renewal, denied defendants’ motions for summary judgment, unanimously modified, on the law, defendants’ motions granted and the