Unanimously affirmed, with one bill of costs.
Special Term correctly dismissed the complaint. It was erroneous, however, to base dismissal on two prior orders which, in a related class action, had denied plaintiffs' motion to intervene to assert the same cause of action as here. The genesis of both orders was the improper premise that plaintiffs did not have a valid cause of action for accountant's malpractice. The complaint should, however, be dismissed for untimeliness...
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