Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the order is reversed insofar as cross-appealed from, on the law, the plaintiff's cross motion, inter alia, to amend the caption of the action is denied, the original caption is restored, and the motion of the defendants Maria Nicaj and Gjelosh Nicaj, in effect, to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (1) and (3) is granted; and...
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