Ordered that the order and judgment is modified, on the law, by deleting so much of the third decretal paragraph thereof as denied that branch of the motion which was for summary judgment dismissing the complaint insofar as it is asserted against Leslie I. Levine and substituting therefor a provision granting that branch of the motion, dismissing the complaint insofar as it is asserted against him, and severing the action insofar as it is asserted against the defendant Gurney...
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