Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendant Walter Heitner, Jr., which was for summary judgment dismissing the complaint insofar as asserted against him is granted, and so much of a subsequent order of the same court entered September 9, 2015, as, upon reargument, adhered to the order entered March 31, 2015, is vacated.
In November 2006, the defendant Walter Heitner, Jr. (hereinafter...
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