Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the cross motions of the defendants Tak Chan and Wladyslaw Olechowski which were for summary judgment dismissing the complaint and all cross claims in action No. 2 insofar as asserted against them, and substituting therefor a provision granting those branches of the cross motions; as so modified, the order is affirmed insofar as appealed from; and it is further,
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