It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of plaintiff dated October 22, 2012, granting the cross motion of defendants dated December 10, 2012 insofar as the cross motion sought dismissal of the complaint against defendants-appellants and dismissing the complaint against defendants-appellants and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this action in April...
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