Ordered that the appeal from so much of the order dated September 19, 2007, as granted that branch of the plaintiff's unopposed cross motion which was for summary judgment in lieu of complaint is dismissed, as the appellants are not aggrieved thereby (see CPLR 5511); and it is further,
Ordered that the order dated September 19, 2007 is modified, on the law, by deleting the provision thereof denying those branches of the motion of the defendants Dave Sheldon...
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