Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted without condition, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The Supreme Court improvidently exercised its discretion in only conditionally granting that branch of the appellant's motion which was pursuant to CPLR 3126 to dismiss the complaint for failure to disclose...
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