Ordered that the appeal by the defendant Christopher Drago is dismissed, as he is not aggrieved by the judgment appealed from; and it is further,
Ordered that the judgment is reversed, on the law and as a matter of discretion, that branch of the plaintiff's motion which was for summary judgment on the cause of action to recover damages for breach of contract against the defendants Marie Drago and Mary Jo Drago is denied, and the order dated June 9, 2004 is modified...
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