Judgment reversed, on the law, without costs or disbursements, and motion to dismiss denied.
Respondents' time to answer is extended until 20 days after service upon them of the copy of the order to be made hereon, together with notice of entry thereof. The instant proceeding is not barred by the Statute of Limitations since it was commenced within four months of respondents' refusal, upon the demand of petitioner, to perform their alleged duty (see CPLR 217). In...
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