Ordered that the order is modified, on the law, by deleting the provision thereof denying the defendants' motion for summary judgment dismissing the complaint, and substituting therefor a provision granting the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the defendants.
The Supreme Court properly granted that branch of the plaintiff's cross motion which was to dismiss the defendants' second affirmative defense...
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