Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the plaintiffs' motion which was for summary judgment on the amended complaint, and substituting therefor a provision denying that branch of the motion as academic, and (2) by deleting the provision thereof denying that branch of the defendant's cross motion which was for summary judgment dismissing the amended complaint, and substituting therefor a provision denying...
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