Ordered that the order is affirmed insofar as appealed from, with costs.
In the instant action, the plaintiffs alleged, inter alia, in their complaint, and in their motion for summary judgment, that the defendant Theodore Metalios, a licensed real estate broker whom they retained to sell their home had, in several instances, breached his fiduciary duty to deal honestly and fairly with them. However, the opposing affidavit submitted by the defendant Metalios...
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