¶ The pertinent procedural history of the instant matter is as follows: an action was commenced by plaintiffs in 1979, allegedly arising out of a landlord-tenant relationship between defendant and plaintiff Deacon's Bench, Inc. By order dated October 13, 1979, Special Term dismissed plaintiffs' fifth cause of action for legal insufficiency and lack of capacity to sue (CPLR 3211, subd [a], pars 3, 7), and dismissed their first, second and third causes of action on the...
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