Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting the plaintiffs' motion and substituting therefor a provision denying the motion, and (2) deleting the provision thereof denying that branch of the cross motion which was for summary judgment dismissing so much of the complaint as sought to recover treble damages pursuant to RPAPL 853 on behalf of the plaintiff Peter Bozewicz, a/k/a Piotr Bozewicz, and substituting therefor a provision...
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