Ordered that the order is modified, on the law, by deleting therefrom the provision denying Martone's motion to dismiss the plaintiff's amended complaint insofar as it is asserted against it and substituting therefor a provision granting that motion and dismissing the plaintiff's amended complaint insofar as it is asserted against Martone. As so modified, the order is affirmed, without costs or disbursements.
The court did not abuse its discretion in granting the...
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