On defendant's appeal, the order insofar as it granted the motion dismissing the second counterclaim (the first counterclaim against plaintiffs Van Ommeren and Sterling Grace), and the judgment entered thereon, unanimously reversed, with costs and the motion denied. On plaintiffs' appeal, the order insofar as it denied the motion to dismiss the first and third counterclaims unanimously affirmed, with costs.
As to the second counterclaim, the affidavits reveal an issue...
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