Order modified, by deleting the words "granted; and said complaint is hereby dismissed" from the first decretal paragraph thereof and substituting therefor the word "denied;" and by deleting the words "as moot" from the second decretal paragraph thereof. As so modified, order affirmed, without costs or disbursements. Special Term erred in dismissing the plaintiffs' complaint.
Even though defendants cross-moved to dismiss, the proper procedure in an action seeking...
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