Ordered that the cross-appeal of the defendant Donald Gerlach is dismissed as abandoned, for failure to perfect the same in accordance with the rules of the Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the order is reversed insofar as appealed from by the defendant Bernard O'Neill, on the law, the motion is granted, and the complaint and the cross claim by the defendant Donald Gerlach are dismissed insofar as asserted against the appellant...
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