Ordered that the order is modified by granting those branches of the motion which were to dismiss the first cause of action for failure to state a cause of action and for summary judgment dismissing the second cause of action and thereupon dismissing the complaint as against the appellants; as so modified, the order is affirmed, with costs to the appellants.
In February 1986 the plaintiffs began negotiating with David Slauenwhite for the construction of a house on...
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