The papers and proof submitted at Special Term were insufficient to establish that the causes of action asserted by plaintiffs have no merit, or to establish the defense thereto sufficiently to warrant the court, as a matter of law, in directing judgment in favor of defendants. Assuming, but not deciding, that plaintiffs have no cause of action for treble damages, pursuant to section 853 of the Real Property Actions and Proceedings Law, we are unable to determine that they...
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