Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs' motion which was to dismiss so much of the third counterclaim as sought compensatory damages pursuant to CPLR 3211 (a) (7), and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court correctly concluded that the determination...
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