Order modified, on the law, by deleting therefrom the provision granting respondents' motion for summary judgment and substituting therefor a provision that the said motion is denied. As so modified, order affirmed, with $50 costs and disbursements payable by respondent Duke to appellant, and proceeding remanded to the Surrogate's Court for further proceedings consistent herewith.
The agreement granting the petitioner an option to purchase the leased premises, as...
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