Ordered that the order is modified, on the law, by deleting the provision thereof granting the branch of the defendants' motion which was to dismiss the cause of action for malicious prosecution and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiffs.
It is well settled that on a motion pursuant to CPLR 3211 to dismiss the complaint, the pleadings should be liberally construed (
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