Ordered that the order dated January 22, 2001, is modified, on the law, by deleting the provision thereof denying the cross motion of the defendants Anthony DeVito and Josephine DeVito for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and substituting therefor a provision granting the cross motion; as so modified, the order dated January 22, 2001, is affirmed insofar as appealed and cross-appealed from, the complaint and...
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