It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting those parts of the motion for summary judgment on the complaint and for dismissal of the first, third, fifth, seventh and eighth affirmative defenses, by directing defendants to complete their performance of the agreement forthwith and by dismissing those affirmative defenses and as modified the order is affirmed without costs.
Memorandum:
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