Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, that branch of the cross motion which was for a temporary stay of proceedings against the appellant is denied as academic, and the action against the remaining defendant is severed.
Evidentiary material may be considered on a motion to dismiss made pursuant to CPLR 3211 (a) (7) to assess the...
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