Ordered that the appeal from the order dated December 14, 1987, is dismissed; and it is further,
Ordered that the order dated October 5, 1987, is modified, by deleting the provisions thereof which granted summary judgment to the defendants, found that the defendants were entitled to retain the plaintiff's deposit as damages, and canceled the notice of pendency filed by the plaintiff, and substituting therefor a provision denying the motion; as so modified, the order...
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