Ordered that the order is modified, on the law, by (1) deleting the provision thereof which denied that branch of the defendants' motion which was for summary judgment dismissing the complaint, and substituting therefor a provision granting that branch of the motion, and (2) upon searching the record, dismissing the defendants' counterclaim; as so modified, the order is affirmed, with costs to the defendants.
On April 23, 1988, at 4:30 A.M., the plaintiff Napoleon...
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