Ordered that the order dated February 23, 1999, is reversed insofar as appealed from, on the law, with costs, upon renewal, that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the appellant is granted, the complaint is dismissed insofar as asserted against the appellant, the action against the remaining defendants is severed, and the order dated February 29, 1996, is modified accordingly.
The defendant RFI...
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