Ordered that the order is modified by (1) deleting the provision thereof denying that branch of the defendants' motion which was for summary judgment in favor of the defendant James Murtha, and substituting therefor a provision granting that branch of the motion, dismissing the complaint insofar as asserted against the defendant James Murtha, and severing the action against the remaining defendant, and (2) deleting the provision thereof granting the plaintiffs' cross motion...
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