Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Matthew S. Albanese and Rachael Pollack, to strike their answer, and to appoint a referee to compute the amount due to the plaintiff, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar...
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