Order modified (1) by amending its first decretal paragraph so as to deny defendant's motion to dismiss the second action; and (2) by striking out its second decretal paragraph in its entirety. As so modified order affirmed, with $10 costs and disbursement to plaintiffs. In December, 1961, plaintiffs were allegedly injured when a truck in which they were present was struck by a car owned and operated by the defendant. In April 1963, plaintiffs began a negligence action against...
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