Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiffs' cross motion which were for summary judgment on the first, second, fourth, and seventh causes of action, and substituting therefor provisions denying, without prejudice, those branches of the cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to...
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