Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant Floyd Cisco for summary judgment and substituting therefor a provision granting that motion, dismissing the complaint insofar as asserted against that defendant, and severing the action against the remaining defendants; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the defendant Floyd Cisco payable by the plaintiff...
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