Ordered that the order is reversed insofar as appealed from, on the law, and those branches of the plaintiff's motion which were, in effect, for summary judgment on the complaint and dismissing the counterclaims of the defendants Anne M. Delphonse and Andre F. Delphonse, and to refer the matter to a referee for a computation of the amount due and owing to the plaintiff, are granted; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from...
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