Ordered that the order is modified, on the law, (1) by deleting the provisions thereof denying those branches of the defendant's motion which were to restore the action to the court's calendar and for summary judgment on the first counterclaim, and substituting therefor provisions granting those branches of the defendant's motion, and (2) by adding thereto a provision searching the record and upon searching the record, awarding the plaintiffs summary judgment dismissing the...
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