Ordered that the order is modified, on the law and the facts, by deleting the first and second decretal paragraphs thereof, and substituting therefor a provision denying the motion of William and Louis Villanova to dismiss the complaint as against them. As so modified, the order is affirmed, with costs to the plaintiffs payable by the defendants William and Louis Villanova, and the notice of pendency filed against the subject property is reinstated.
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