Ordered that the order is modified, on the law, by deleting the provision thereof which denied the plaintiffs' motion for summary judgment and substituting therefor a provision granting the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiffs, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment.
On May 22, 1978, the defendant entered into virtually identical...
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