Ordered that the judgment is reversed, on the facts and as a matter of discretion, without costs or disbursements, that branch of the motion of the defendant Asto Construction Corp. which was for summary judgment dismissing the complaint insofar as asserted against it granted, the order dated October 16, 2003, is modified accordingly, the action against the remaining defendants is severed, and the matter is remitted to the Supreme Court, Kings County, for a new trial with...
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