Order modified: (1) by striking out the second, third, fourth and fifth decretal paragraphs which grant plaintiffs' motion for summary judgment, strike out defendants' answer, and direct an assessment of the damages and the entry of judgment based thereon; and (2) by substituting therefor a provision denying plaintiffs' motion for summary judgment. As so modified, order affirmed, with $10 costs and disbursements to defendants.
The papers present a triable issue of...
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