Order and judgment entered April 28, 1978 and order dated September 18, 1978, reversed insofar as appealed from, defendant's motion for renewal granted, and, upon renewal, the plaintiffs' motion for summary judgment is denied and the defendant's counterclaim is reinstated. The appellant is awarded one bill of $50 costs and disbursements to cover both appeals.
The presentation of an additional factual affidavit on the motion for "reargument" sufficed to make it a motion...
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