It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion, dismissing the amended complaint and dismissing the cross motion insofar as it seeks leave to amend the ad damnum clause and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action against defendant Rose & Kiernan, Inc. (R&K), its bonding and insurance broker, and defendant Mark...
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