Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the defendant's motion which was for summary judgment dismissing the third cause of action, and substituting therefor a provision granting that branch of the motion, and (2) by adding a provision thereto requiring Franklin Robinson to post an undertaking pursuant to CPLR 6312; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements...
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