Ordered that the order is modified, on the law, by deleting the provision thereof denying the separate motion for summary judgment dismissing the complaint in action No. 2 insofar as asserted against the appellant and substituting therefor a provision granting that motion; as so modified, the order is affirmed, without costs or disbursements, the complaint in action No. 2 is dismissed insofar as asserted against the appellant, and the action against the remaining defendant...
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