Ordered that the order is modified, on the law, by deleting the provision thereof which granted the defendant's motion to dismiss the complaint, and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements.
Since the plaintiff's action against the defendant arose from an alleged breach of duty owed individually by the defendant to the plaintiff, the Supreme Court erred in holding that it lacked subject...
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