Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant James Papadoniou which was for summary judgment dismissing so much of the second cause of action insofar as asserted by the plaintiff Breen Belgium BVBA against him, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements...
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