Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants' motion which were to dismiss the complaint insofar as asserted against Nicholas Anthony Penachio pursuant to CPLR 3215 (c) and to dismiss the complaint insofar as asserted against Dahlia Penachio on the ground of lack of personal jurisdiction, and substituting therefor a provision denying that branch of the defendants' motion which was to dismiss the...
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