Ordered that the order is modified by deleting the provision thereof denying that branch of the defendants' motion which was to dismiss the plaintiffs' cause of action to recover damages for an alleged violation of 42 USC § 1983, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the defendants.
The plaintiff Richard R. Konrad owns a parcel...
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