Ordered that the order is modified, on the law, by deleting the provisions thereof vacating the order dated July 31, 2002, and denying the defendants' prior separate motions for summary judgment and substituting therefor a provision adhering to the order dated July 31, 2002; as so modified, the order is affirmed, with one bill of costs to the defendants appearing separately and filing separate briefs.
The Supreme Court improperly treated the plaintiff's motion as...
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