It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in its entirety that part of the cross motion seeking a stay of the action and vacating the last ordering paragraph and as modified the order is affirmed without costs.
Memorandum:
Plaintiffs entered into a contract with defendant Alliance Construction of Western New York, Inc. (Alliance) for the construction of a new home in March 2003...
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