Ordered that the order is modified, on the law and as a matter of discretion, (1) by deleting the provision thereof which denied the motion of the appellants for summary judgment dismissing the fifth, sixth, and seventh causes of action insofar as asserted against them in the original complaint and substituting therefor a provision granting that motion, (2) by deleting the provision thereof which granted the plaintiff's cross motion in its entirety and substituting therefor...
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