Judgment modified on the law and the facts as follows: (1) by striking out its first decretal paragraph directing that plaintiff recover of the three defendants Banks the sum of $145,216; and (2) by substituting therefor a provision dismissing the complaint on the law against said defendants. As so modified, judgment affirmed, without costs.
On this record, and under the applicable law, plaintiff did not establish: (a) that there was any duty owing to him by the defendants...
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