OPINION OF THE COURT
PAULA L. FEROLETO, J.
The plaintiffs have moved for partial summary judgment seeking a sale of certain real property located in Fredonia, New York, and dismissing the affirmative defense of the defendant, Thomas Pacos.
The defendant Thomas Pacos has opposed the motion and moved by notice of cross motion for dismissal of the plaintiffs' summons and complaint which seeks a sale of the real property.
Facts
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