Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs' contentions, the defendant's motion for summary judgment was not untimely so as to require its denial, even though it was made on the eve of trial, since the motion was clearly meritorious and, under CPLR 3212 (a), it could be made at any time after issue had been joined (see, Kule Resources v Reliance Group,
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