Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Charlemagne Theagene and Elda Theagene and for an order of reference are granted.
In March 2006, the defendants Charlemagne Theagene (hereinafter Charlemagne) and Elda Theagene (hereinafter Elda and, together with Charlemagne, the defendants) executed...
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