Ordered that the order is affirmed, with costs.
The claims asserted by the plaintiffs in this action are identical to the claims asserted as counterclaims by the plaintiff James A. Packes, Jr., in a prior action commenced by the defendant Cendant Mortgage Corporation (hereinafter Cendant). Although Cendant was awarded summary judgment in the prior action, the counterclaims were severed and, on the record before us, remain unresolved. Accordingly, Cendant is entitled...
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