Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed insofar as asserted against the defendants Dee and Dee Purchasing, Inc., doing business as Dee and Dee Stores, Inc., and Robert J. Dweck and Albert Dweck, doing business as Dee and Dee Stores, and the action against the remaining defendant is severed.
The Supreme Court improperly denied the cross motion of
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