Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion of the defendant Promenade Holding Corp. for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.
On February 29, 2008 the plaintiff and the defendant Promenade Holding Corp. (hereinafter Promenade) entered...
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