Ordered that the judgment is modified, on the law and as an exercise of discretion, by adding a provision thereto amending the caption of the summons and complaint to include the defendant Macy's Northeast, Inc., and severing the action as against that defendant; as so modified, the judgment is affirmed, without costs or disbursements.
Inasmuch as the defendant R.H. Macy & Co., Inc., demonstrated that it was neither the owner nor the tenant in possession of the...
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