It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting plaintiffs' cross motion in part and dismissing the third affirmative defenses of defendants Robert N. Utley and Ben Pennetta and the fourth, sixth and ninth affirmative defenses and counterclaims of those defendants insofar as those affirmative defenses allege assumption of risk or culpable conduct on the part of plaintiffs and insofar as those affirmative...
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