Ordered that the order and judgment is reversed insofar as appealed from, on the law, and that branch of the plaintiff's motion which was for summary judgment on the complaint is denied; and it is further,
Ordered that the appeal from the order is dismissed as academic in light of our determination on the appeal from the order and judgment; and it is further,
Ordered that one bill of costs is awarded to the defendants.
The plaintiff and the defendant...
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