Ordered that the judgment is reversed, on the law, the motion of the defendants Ralph Romanelli and Rebecca Polis pursuant to CPLR 4401 for judgment as a matter of law is granted, the order dated June 23, 2009, is vacated, and the complaint is dismissed insofar as asserted against those defendants; and it is further,
Ordered that the appeal from the order dated June 23, 2009, is dismissed as academic, in light of our determination on the appeal from the judgment;...
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