Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the first cause of action is granted, the complaint is dismissed in its entirety insofar as asserted against the appellant, and the action against the remaining defendant is severed.
The plaintiffs had an agreement with the defendant Harriman Estates Development Corp. (hereinafter Harriman) to construct a home on property the plaintiffs...
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