Motion denied, without costs.
Reversed, on the law, the cross motion of defendant-appellant Obernauer to dismiss the fourth cause of action in the amended complaint stated against him, granted, and the motion to vacate the notice of pendency of action filed against Obernauer, granted, without prejudice however to an application by plaintiff-respondent to seek leave at Special Term further to amend his complaint (CPLR 3211, subd [e]), with costs.
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