Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motions are granted, the complaint is dismissed insofar as asserted against Michael Chalos and Michele Chalos, and the action against the remaining defendants is severed.
Although "the unilateral actions of a party in seeking summary judgment on a CPLR 3211 (a) (7) motion cannot constitute `adequate notice' to the other party in compliance with the requirement of CPLR...
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