Ordered that the order is modified, on the law, by deleting the provision requiring the defendant Israel Weinstock to pay to the plaintiffs $1,500 for counsel fees; as so modified, the order is affirmed, without costs or disbursements.
Under the circumstances of this case, the trial court properly denied the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a).
The trial court, however, abused its discretion in ordering the defendant Israel...
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