Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' cross motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground of collateral estoppel and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed, without costs or disbursements.
In an appeal in a related action, we are holding that the judicial sale of the subject...
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