Ordered that the order is modified, on the law, (1) by deleting the provision thereof, in effect, granting the defendant's renewed motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the motion, and (2) by deleting the provisions thereof, in effect, denying those branches of the plaintiffs' renewed motion which were for summary judgment on the first and second causes of action, and substituting therefor provisions granting those...
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