Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was for summary judgment dismissing the third cause of action is denied, that branch of the plaintiffs' cross motion which was for summary judgment on that cause of action is granted as to liability, and the matter is remitted to the Supreme Court, Nassau County, for an inquest on the issue of damages.
The Supreme Court erred in determining...
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