Order modified, on the law, by adding thereto provisions granting summary judgment to defendants, declaring the ordinance in issue to be constitutional, and otherwise dismissing the complaint. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
Although defendants have not cross-moved for summary judgment, such relief may be granted, in appropriate cases, to the nonmoving party (see CPLR 3212, subd [b]). We agree with plaintiffs...
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