Order modified, on the law, by (1) deleting the provision thereof denying the plaintiffs' motion in its entirety and substituting therefor a provision granting the plaintiffs' motion to the extent that the defendant is found liable for damages for his failure to perform under the stipulation reached between the plaintiffs and the third-party defendants on February 23, 1981, and (2) deleting the provision thereof granting that branch of the defendant's cross motion which was...
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