It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law and facts by denying the cross motion of defendants in action No. 2 and reinstating the complaint therein and granting that part of the motion of plaintiff in action No. 2 seeking partial summary judgment on liability in that action and as modified the judgment is affirmed without costs and the matter is remitted to Supreme Court, Oneida County, for further proceedings...
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