Ordered that the order is modified by deleting the provisions thereof which granted those branches of the plaintiff's motion which were (1) for summary judgment on the complaint, (2) to dismiss the defendants' answer, and (3) to appoint a Referee, and substituting therefor a provision denying those branches of the plaintiff's motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.
The Supreme Court improperly granted summary...
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