Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment on the issue of liability and dismissing the affirmative defenses is denied, and the defendants' cross motion for summary judgment dismissing the complaint is granted.
In February 2008, nonparty Daniel Magnus, represented by the plaintiff, commenced an action against his former employer in the United States District Court for the Southern District of New York (hereinafter...
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