Ordered that the order is modified, on the law, by (1) deleting the provision thereof which denied that branch of the motion of the defendants Harvey Manes and Barbara Manes which was to dismiss the complaint insofar as it is asserted against them pursuant to CPLR 3216, and substituting therefor a provision granting that branch of their motion, and (2) deleting the provisions thereof which denied those branches of the motion of the defendant Yvette Rafiy which were to dismiss...
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