Ordered that the order is modified (1) by deleting the provision thereof denying that branch of the defendants' motion which was to dismiss the plaintiffs' third cause of action and substituting therefor a provision granting that branch of the defendants' motion, and (2) by deleting the provision thereof granting the branch of the plaintiffs' cross motion which was for summary judgment on the third cause of action and substituting therefor a provision denying that branch...
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