Ordered that the amended order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the plaintiff's first cause of action insofar as asserted against the defendant Peter Van Herwynen, Jr., and substituting therefor a provision granting that branch of the motion; as so modified, the amended order is affirmed insofar as appealed from, without costs or disbursements...
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