Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the cross motion of the defendant Chuck Realty Corp. which was for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, insofar as appealed and cross-appealed from, with one bill of costs to the respondents.
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