OPINION OF THE COURT
VITO M. DESTEFANO, J.
Markham Gardens L.P. (Markham) moves for an order pursuant to CPLR 3212 granting it summary judgment or, in the alternative, pursuant to CPLR 3025 (b) granting it leave to amend the complaint. Defendant PB Capital Corporation (PB Capital) cross-moves for summary judgment dismissing the complaint insofar as asserted against it.
For the reasons that follow, the motion is denied and the cross motion is granted...
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