Order modified, on the law, motion granted to the extent that (1) the complaint is dismissed as against defendant Award Petroleum, Inc., and (2) the fifth cause of action is dismissed as against defendant Smijer Realty, Inc., and the motion is otherwise denied. As so modified, order affirmed, without costs or disbursements.
Plaintiff's complaint reveals that no claim whatsoever is made against defendant Award Petroleum, Inc. Consequently, Special Term erred when it...
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