Ordered that the order is modified, on the law, by deleting the provision thereof which denied the appellant's cross motion and substituting therefor a provision granting the cross motion, dismissing the complaint insofar as it is asserted against the appellant, and dismissing all of the cross claims against him; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant payable by the plaintiff.
The evidence, viewed in the light most...
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