Ordered that the order is modified, on the law, by deleting the provisions thereof which denied those branches of the defendants' motion which were for summary judgment dismissing the first and fifth causes of action in action No. 2 and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, with costs to the defendants in actions Nos. 1 and 2.
The plaintiff in both actions owned a percentage interest in the...
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