Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendant DiCastro's motion which was for summary judgment dismissing the complaint insofar as it was asserted against him by Buena Vida Farms, Inc., and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
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