Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion for summary judgment dismissing the complaint insofar as asserted against the appellant and substituting therefor a provision granting that motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
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