Judgment entered May 13, 1966 and order entered May 9, 1966, granting plaintiffs' motion for summary judgment pursuant to CPLR 3212 in action to recover moneys paid under scaffolding equipment construction contract, unanimously reversed, on the law, with $50 costs and disbursements to defendant-appellant, the judgment vacated and the motion denied, with leave to plaintiffs to apply to Special Term for leave to serve an amended complaint, if so advised.
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