Ordered that the judgment is affirmed, with costs.
The record reveals that the plaintiffs and the defendant submitted for the Supreme Court's determination the issue of whether this action was barred by the applicable Statute of Limitations, based upon an agreed statement of facts. Accordingly, the plaintiffs cannot now argue that the issue should have been resolved by a jury at a plenary trial. Moreover, the plaintiffs' claim that the issue could not be decided without...
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