Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the defendant Kroop, and the action against the remaining defendants is severed.
The plaintiffs commenced the instant action by service of a summons with notice dated January 7, 1988. On May 9, 1988, the appellant served a notice of appearance and a demand for a complaint. By letter dated July 28, 1988, Kroop again
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