Ordered that the order dated October 7, 2011, is modified, on the law, by deleting the provision thereof denying those branches of the cross motion of the defendant/third-party plaintiff which were to sever the first through ninth third-party causes of action from the arbitrable causes of action asserted by the plaintiff against the defendants Merrill Lynch & Co., Inc., Bartholomew Sweeney, Bernard Fuchs, and Lori Fass, and to continue litigation of those third-party...
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