Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the complaint insofar asserted as against the defendant Mark Layburn; as so modified, the judgment is affirmed, without costs or disbursements, that branch of the motion which was to dismiss the complaint insofar as asserted against the defendant Mark Layburn is denied in its entirety, the action against that defendant is severed, and the matter is remitted to Supreme Court, Suffolk...
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