Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the cross motion of the defendants Robert Giordano and Giordano Contracting, Inc., which was pursuant to CPLR 3211 (a) (7) to dismiss the ninth cause of action insofar as asserted against them and substituting therefor a provision granting that branch of the cross motion, (2) by deleting the provision thereof denying those branches of the cross motion of the defendants...
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