Ordered that the order and judgment is reversed insofar as appealed from, on the law, the branches of the petitioners' motion which were to strike the appellant's affirmative defenses regarding the expiration of the Statute of Limitations and the petitioners' failure to serve a notice of claim upon the appellant are denied, and the proceeding to compel arbitration is dismissed, with costs.
The Supreme Court should have dismissed the petition to compel arbitration...
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