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 appellant, and the action against the remaining defendant is severed.
The alleged contract purportedly setting forth the parties' agreement, provides for the sale of an interest in certain real property. The record reveals that the alleged contract was never signed by the appellant, who is the party to be charged, and...
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