Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, the application of the defendant Hudson Street, LLC, in effect, to dismiss the complaint insofar as asserted against it and the motion of the defendant Cogswell Realty Group, LLC, pursuant to CPLR 4401 for judgment as a matter of law are denied, the complaint is reinstated, the order dated May 12, 2008, is modified accordingly, and the matter is remitted to the Supreme Court...
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