Ordered that the order is modified, on the law and the facts, by deleting the provision thereof which denied that branch of the motion which was to dismiss the complaint against Greg Alper in Action No. 2 and substituting therefor a provision granting that branch of the motion and the complaint in Action No. 2 is dismissed; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
In his affirmation in opposition to the motion...
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