Ordered that the order is modified, on the law, by deleting the provisions thereof which denied those branches of the defendants' respective motions which were for summary judgment dismissing the complaint insofar as asserted against them by the plaintiffs Frank Massaro and Joanne Massaro-Fannin, and substituting therefor a provision granting those branches of the motions; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
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