Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified by deleting the provision thereof which dismissed the plaintiffs' second cause of action; as so modified, the judgment is affirmed insofar as appealed from, the provision of the order entered December 20, 1994, which granted the branch of the defendants' motion which was for summary judgment dismissing the second cause of action is vacated, and that branch...
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