It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying those parts of defendants' motion to dismiss the first, second, fourth and fifth causes of action except with respect to the claims of plaintiff Benjamin Tupper, reinstating those causes of action for all plaintiffs except Benjamin Tupper, and granting those parts of plaintiffs' cross motion, with the exception of Benjamin Tupper, for summary judgment on the first, second...
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