Order modified, on the law, by deleting the fourth, fifth, sixth, and seventh decretal paragraphs thereof and adding a decretal paragraph thereto granting plaintiffs' motion to the extent of dismissing the first affirmative defense to the first cause of action. As so modified, order affirmed, with $10 costs and disbursements to appellants. No questions of fact have been considered.
In our opinion, Special Term should not on its own motion have treated plaintiffs'...
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