It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion seeking partial summary judgment is denied, that part of the cross motion seeking summary judgment dismissing the third cause of action is granted and the third cause of action is dismissed.
Memorandum:
Plaintiffs commenced this action against, inter alia, Randy J. Spencer (defendant), asserting causes of action for...
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