Ordered that the cross appeal by the intervenor defendant is dismissed as it is not aggrieved by the portion of the order cross-appealed from (see CPLR 5511); and it is further,
Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the cross motion of the defendants Merex Food Corporation and Lester N. Entin Associates/Danstan Properties which were for summary judgment dismissing the causes of action alleging...
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