Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the complaint insofar as asserted against the defendant Mall at Smith Haven, LLC; as so modified, the judgment is affirmed insofar as appealed from, with one bill of costs to the plaintiffs payable by the defendant Mall at Smith Haven, LLC, and one bill of costs to the defendants E.W. Howell Co., Inc...
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