Ordered that the order and judgment is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs' motion which was for summary judgment on so much of the amended complaint as sought to recover, as damages, an abatement of the purchase price and purchase-money mortgage in the sum of the costs incurred in obtaining the certificate of occupancy, and recoupment of their losses arising from the defendants' alterations, modifications, and changes...
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