Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, the motion is denied, the order is modified accordingly, and the complaint insofar as asserted against the defendant Donald Salerno and the third-party complaint against the third-party defendant Donna Botterio are reinstated; and it is further,
Ordered that one bill of costs is awarded to the plaintiffs.
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