Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum:
Plaintiff commenced an action for a declaratory judgment by service of a summons with notice (CPLR 305, subd [b]). Simultaneously, an order to show cause seeking a preliminary injunction was served. The subject of the action was a declaration of plaintiff's right to enter on defendants' lands for the purpose of examining and surveying "for the selection...
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