Ordered that the plaintiff's notice of appeal from the order entered April 9, 1999, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,
Ordered that the judgment is reversed, on the law, with costs, the order entered April 9, 1999, is vacated, that branch of the motion of the defendants Borys Mychalczak and Marianna Morello which was to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211...
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