Order reversed, on the law, without costs, and proceeding dismissed, without prejudice to the institution by petitioners of a new proceeding, if they be so advised, for the relief sought in the original proceeding, which proceeding terminated upon the execution of a stipulation of discontinuance.
The parties to the original proceeding signed a stipulation in August, 1974, pursuant to CPLR 3217, wherein they agreed that the proceeding was "discontinued without prejudice...
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