Ordered that the order dated August 22, 1990, is reversed, on the law and as a matter of discretion in the interest of justice, with costs, the motion is denied, and the order dated March 6, 1990, is reinstated.
The plaintiffs had two separate opportunities to submit opposition to the appellant's cross motion to dismiss and failed to do so. That the appellant's application was made by cross motion rather than by motion in the first instance was immaterial (see...
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