It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the award of judgment in favor of defendants Jeremy Sharpe and Courtenay Sharpe is vacated, the motion is granted and the matter is remitted to Supreme Court, Niagara County, for further proceedings in accordance with the following memorandum: Plaintiffs appeal from an order denying their motion seeking summary judgment declaring pursuant to RPAPL 1521 (1) that they established...
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