It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the amended complaint is reinstated, and a new trial is granted.
Memorandum: Plaintiffs commenced this action seeking, inter alia, damages for breach of a contract pursuant to which defendants were to construct a pond on plaintiffs' property. On a prior appeal, this Court affirmed the order denying defendant's motion for summary...
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