Unanimously dismissed as academic, without costs, it having been subsumed into the order on renewal, entered October 23, 1979. The latter order unanimously modified, on the law, to deny plaintiffs-respondents' motion for summary judgment pursuant to CPLR 3213, and to direct service, within 20 days of service of the order entered hereon, of a formal complaint, with answer to follow in course, and otherwise to affirm, with costs to defendant-appellant.
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