Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the law, by adding a provision thereto dismissing the first cause of action; as so modified, the judgment is affirmed, that branch of the plaintiffs' motion which was for summary judgment on the first cause of action is denied, upon searching the record, summary judgment is awarded to the defendants dismissing the first cause of action, and the order is...
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