Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the cross motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Tom-Art Associates, Ltd., is denied, the complaint is reinstated as to that defendant, the branch of the plaintiffs' motion which was for summary judgment against all defendants other than Thomas J. Lukas and Thomie Lukas and for the appointment of a Referee to...
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