Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the appellants' motion which was to dismiss so much of the breach of warranty cause of action against them predicated on the flooring defect observed by the plaintiffs prior to closing and those defects enumerated in the plaintiffs' engineer's report dated February 10, 1987, and substituting therefor a provision granting that branch of the motion; as so modified the...
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