Ordered that the order is modified, on the law, by deleting the provision thereof denying the cross motion and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed, with one bill of costs to the defendants appearing separately and filing separate briefs, and the complaint is dismissed in its entirety.
The defendant "John" Talarico was accused of stealing jewelry from a jewel box and night-table drawer in the plaintiffs...
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