Ordered that the appeal by the defendants is dismissed, as the defendants are not aggrieved by the order since it denied the plaintiffs' motion for summary judgment (see, CPLR 5511); and it is further
Ordered that the order is reversed insofar as cross-appealed from by the plaintiffs, on the law and the facts, without costs or disbursements, and the plaintiffs' motion for summary judgment is granted.
In our view, the affidavit of the plaintiff Charles...
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