Ordered that the order is reversed, on the law, with costs, the plaintiff's motion, inter alia, for summary judgment on the complaint is denied, and the cross motion of the defendant Peter Barniak pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against him is granted.
The defendant Peter Barniak entered into a contract with the defendant Sportsmans Properties, Inc. (hereinafter Sportsmans), for the construction and sale of a single-family...
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