Ordered that the order dated August 6, 2018, is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for leave to renew those branches of its prior motion which were for summary judgment on the complaint insofar as asserted against the defendant Joshua Malek and for an order of reference is denied, and so much of the order dated July 26, 2017, as denied those branches of its prior motion which were for summary judgment...
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