Ordered that the order is modified, on the law, by deleting the provision thereof which, upon reargument, denied the appellant's cross motion and substituting therefor a provision adhering to so much of the prior order as granted the appellant's cross motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant, the complaint is dismissed insofar as asserted against the defendant Sidney D. Harvey, and the action against the remaining...
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