Order unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiffs, in accordance with the following memorandum: At issue on this appeal from an order denying plaintiffs' motion and defendants' cross application for summary judgment in a declaratory judgment action is whether a New York corporation holds membership in a not-for-profit corporation. Special Term also granted plaintiffs' motion to dismiss defendants' third counterclaim but denied their...
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