Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the motion which were for summary judgment dismissing the first, second, fourth, and fifth causes of action are granted, and those causes of action are dismissed.
This action arises out of the death of Carmine Capone as a result of gunfire that erupted while he was participating in an attempt to sell firearms illegally to undercover New York City police officers...
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