Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the action is dismissed as to the defendant Maria C. Bastine, and the action against the remaining defendant is severed.
Contrary to the plaintiffs' contentions, the court erred in granting their motion to serve a summons and complaint upon the defendant Maria C. Bastine pursuant to CPLR 308 (5) by serving the nonparty appellant Liberty Mutual Insurance Company...
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