Ordered that the order is reversed insofar as appealed from, with costs, that branch of the defendants' motion which was to dismiss the fourth cause of action is denied, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.
The Supreme Court improperly granted that branch of the defendants' cross motion which was to dismiss the plaintiffs' fourth cause of action which was to recover damages based upon an alleged...
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