Order denying appellants' motion affirmed, without costs.
Order granting respondent's motion modified by striking from the ordering paragraph the words "first" and "fourth defense" and by substituting for the latter the words "first and fourth defenses". As so modified, order insofar as appealed from affirmed, without costs. While we think the Special Term might properly have considered the documentary evidence presented on the motion for summary judgment (Rubin...
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