Ordered that the order dated January 7, 2016, is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of nonparty Rifky Horowitz which was pursuant to CPLR 3211 (a) and Real Property Law § 291 to dismiss the complaint, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff commenced this...
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