Ordered that the order dated December 8, 1998, is reversed, on the law, with costs, the plaintiff's motion is denied, the appellant's motion is granted, the complaint insofar as asserted against him is dismissed, and the action against the remaining defendants is severed; and it is further,
Ordered that the appeal from the order dated April 30, 1999, is dismissed as academic in light of the determination of the appeal from the order dated December 8, 1998.
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