Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term erred in dismissing plaintiff's entire complaint, which included a fifth cause of action for a declaratory judgment, on the ground that a CPLR article 78 proceeding seeking the same relief as the declaratory judgment cause of action was pending. Defendants failed to submit the petition in the article 78 proceeding or any other proof that...
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