Order modified, on the law, by deleting therefrom the provision denying plaintiffs' cross motion for leave to discontinue their action and substituting therefor provisions granting said motion and directing a severance of the counterclaim and cross claim asserted by defendant Levine. As so modified, order affirmed insofar as appealed from with one bill of $50 costs and disbursements payable to the plaintiffs by defendant Levine.
We are of the opinion that the denial...
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