Judgment modified on the law, by deleting the decretal provision that the complaint is dismissed. As so modified, judgment affirmed, with one bill of costs to respondents, jointly. The findings of fact are affirmed.
We are in accord with the Special Term's declaration of the rights of the parties and its opinion pertaining thereto. However, the court, having declared and defined the parties' rights, should not have ordered dismissal of the complaint (Lanza v. Wagner...
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