We agree with the conclusion arrived at by Special Term that a factual issue is presented as to whether or not the cause of action is barred by the Statute of Limitations. While, as plaintiffs contend, defendant's affidavit in opposition to the motion does not set forth any facts or evidentiary material, and is conclusory in nature, nevertheless, the moving affidavits and proof submitted by plaintiffs do not establish their right to recovery in the action, as a matter of...
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