Ordered that the appeal by the plaintiffs Marcos Zelaya and Edy R. David is dismissed, as those plaintiffs are not aggrieved by the order appealed from (see CPLR 5511); and it is further,
Ordered that the order is reversed, on the law, and the defendant's motion for summary judgment dismissing the complaint insofar as asserted by the plaintiff Jose R. David is denied; and it is further,
Ordered that one bill of costs is awarded to the plaintiff Jose...
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