Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiffs' cross motion is denied, the order dated March 16, 1992, is reinstated to the extent that it precluded the plaintiffs from offering evidence against the appellant, the appellant's motion for summary judgment is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendant is severed.
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