Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, upon reargument, that branch of the motion which was for leave to renew, upon the completion of discovery, the appellant's cross motion for summary judgment is granted, and upon renewal, the cross motion for summary judgment dismissing the complaint insofar as asserted against the appellant is granted.
Under the circumstances of this case the Supreme...
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