Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: 129 Canal Street Corporation, d/b/a The Crazy Clam, and Michael Miller (defendants) appeal from an order denying their cross motion seeking summary judgment dismissing the complaint against them, granting plaintiff's motion for summary judgment and referring the matter to a Referee to determine...
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