Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion and substituting therefor a provision granting the motion, and the complaint and all cross claims are dismissed insofar as asserted against the appellant; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable to the appellant by the plaintiffs-respondents, and the action against the remaining defendant is severed.
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