Ordered that the order is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provisions thereof granting those branches of the defendants' separate cross motions which were for summary judgment dismissing the complaint as barred by collateral estoppel or, alternatively, to strike the complaint pursuant to CPLR 3126, and substituting therefor provisions denying those branches of the defendants' separate cross motions; as so modified, the...
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