Order reversed, without costs, motion granted and complaint dismissed.
Memorandum:
Defendants appeal from an order denying their motion to dismiss plaintiffs' complaint and directing an immediate trial of the issues pursuant to CPLR 3211 (subd [c]). Plaintiffs are the owners of 135 garden apartments located in the Town of Gates and within the boundaries of defendant sewer district. In their action for a declaratory judgment commenced on June 28, 1978 plaintiffs...
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