Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Danny Vaswani and Jethmal Vaswani which was pursuant to CPLR 3211(a)(5), in effect, to dismiss the action insofar as asserted against them is granted.
In April 2009, the plaintiff commenced an action (hereinafter the prior action) against the defendants Danny Vaswani and Jethmal Vaswani (hereinafter together the defendants), among others...
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