Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant Jose R. Fontanez and substituting therefor a provision granting that motion; as so modified the order is affirmed, with costs payable by the plaintiff to the defendants Barry Jordan and Jose R. Fontanez, the complaint is dismissed insofar as asserted against the defendant Jose R. Fontanez, and the action against the remaining defendants is severed.
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