Ordered that the order is affirmed insofar as appealed from, with costs.
The record reveals that some three years after their commencement of the instant action, the plaintiffs sought leave to amend their complaint and bill of particulars to assert an additional cause of action. The motion was denied and the plaintiffs failed to pursue their appeal from the denial. The action was subsequently dismissed for failure to prosecute (see, CPLR 3404). The plaintiffs...
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