Ordered that the judgment is modified, on the law, by deleting the provision thereof which is in favor of the plaintiff and against the defendant C & A Enterprises of New York, Ltd., and substituting therefor a provision dismissing the complaint as to that defendant; as so modified, the judgment is affirmed, without costs or disbursements, and the motion is granted.
When determining a motion pursuant to CPLR 4401, the trial court must decide whether the plaintiff...
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