Ordered that the order is modified, on the law, by (1) deleting the provision thereof which denied that branch of the plaintiffs' motion which was to dismiss the defendants' second counterclaim, and by substituting therefor a provision granting that branch of the plaintiffs' motion and dismissing the second counterclaim, and (2) deleting the provision thereof which granted that branch of the defendants' cross motion which was for a dismissal of the first cause of action,...
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