Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion of the defendant Horace J. Patrick which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine whether the defendant Horace J. Patrick was properly served with...
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