Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the motion which was to dismiss the first cause of action is granted; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from; and it is further,
Ordered that upon searching the record, the defendants' counterclaim is dismissed; and it is further,
Ordered that the defendants are awarded one bill of costs.
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