Ordered that the order and judgment is modified, on the law, by (1) deleting the provisions thereof granting that branch of the plaintiffs' motion which was for summary judgment declaring that the "waiver of option fee" imposed was invalid, denying that branch of the defendant's motion which was, in effect, for summary judgment declaring that the "waiver of option fee" imposed was valid, and declaring that "all resolutions passed by the Board of Directors of [the defendant...
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