Ordered that the order is modified, on the law, by deleting the provisions thereof which denied that branch of the plaintiff's motion which was for summary judgment in his favor on the complaint and awarded the defendants summary judgment pursuant to CPLR 3212 (b), and substituting therefor a provision granting that branch of the plaintiff's motion which was for summary judgment on the complaint; as so modified, the order is affirmed, with costs to the plaintiff, and the...
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