Ordered that the orders are reversed insofar as appealed from, on the law, with one bill of costs, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants William Weininger and Ellen Weininger, to strike their answer, and for an order of reference are denied, and the cross motion of those defendants for summary judgment dismissing the complaint insofar as asserted against them and to cancel the notice...
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