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ALEXANDER TIRPACK, ap, v. 125 NORTH 10, LLC, ET AL., def, JASON FIXLER res

ALEXANDER TIRPACK, ap, v. 125 NORTH 10, LLC, ET AL., def, JASON FIXLER res — (INDEX NO. 13824/12) In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Saitta, J.), dated March 27, 2013, which granted the motion of the defendants Jason Fixler and Stacey Lager Fixler pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them, and denied his cross motion pursuant to CPLR 3025(b) for leave to amend the complaint.

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ALEXANDER TIRPACK, ap, v. 125 NORTH 10, LLC, ET AL., def, JASON FIXLER res — (INDEX NO. 13824/12) In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Saitta, J.), dated March 27, 2013, which granted the motion of the defendants Jason Fixler and Stacey Lager Fixler pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them, and denied his cross motion pursuant to CPLR 3025(b) for leave to amend the complaint.

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of the defendants Jason Fixler and Stacey Lager Fixler which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against the defendant Jason Fixler, and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof denying that branch of the plaintiff’s cross motion which was pursuant to CPLR 3025(b) for leave to amend the complaint insofar as asserted against the defendant Jason Fixler, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, with costs to the plaintiff, payable by the defendant Jason Fixler.

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