Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, with costs, that branch of the motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint is denied, the order dated October 15, 1998, is amended accordingly, and the complaint insofar as asserted against the respondents is reinstated.
The appeal from the intermediate order must be dismissed because the right of direct appeal...
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