Ordered that the judgment is modified, on the law, the facts, and in the exercise of discretion, by deleting the provision thereof dismissing the first cause of action insofar as asserted against the defendants MRC Recovery, Inc., and Michael Massian; as so modified, the judgment is affirmed, with one bill of costs payable to the plaintiff, that branch of the motion of the defendants MRC Recovery, Inc., and Michael Massian which was for summary judgment dismissing the first...
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