Ordered that the appeal from so much of the order and judgment as denied the motion by the plaintiffs to dismiss the counterclaim against them and granted that branch of the motion of the defendants Sour Mountain Realty, Inc., and Southern Dutchess Sand and Gravel, Inc., which was to compel discovery on the counterclaim is dismissed as academic; and it is further,
Ordered that the order and judgment is reversed insofar as reviewed on the appeal of the plaintiffs,...
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