Ordered that the appeal by the defendant Pathmark Stores, Inc., is dismissed, without costs or disbursements, as that defendant is not aggrieved by the order appealed from (see, CPLR 5511); and it is further,
Ordered that the order is reversed insofar as appealed from by the defendant Basser Kaufman, Inc., on the law, the motion is granted unconditionally, the complaint is dismissed insofar as asserted against that defendant, and the action against the remaining...
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