Ordered that the order entered August 31, 1990, is modified, on the law, by deleting the provision thereof which denied the cross motion of the defendants 26 Adar N.B. Corp. and Nachman Brach to dismiss the third cause of action insofar as it is asserted against them and substituting therefor a provision granting the cross motion; as so modified, the order entered August 31, 1990, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
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