Judgment reversed, with costs, the defendant's motion to dismiss denied, the plaintiffs' motion to amend their complaint granted, the complaint is deemed to be amended to allege that at least 30 days has elapsed since service of the notice of claim and that adjustment or payment thereof has been neglected or refused, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.
Contrary to Trial Term's determination,...
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