Ordered that order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant John J. Nemick which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against him, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof denying the motion of the defendant AHK Bagels, Inc., for summary judgment dismissing the complaint and...
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