Ordered that the amended order dated September 30, 1998, is reversed, and the motion for summary judgment is denied; and it is further,
Ordered that the amended order dated November 23, 1998, is affirmed; and it is further,
Ordered that the appellants are awarded one bill of costs.
Pursuant to CPLR 3212 (a), "[a]ny party may move for summary judgment in any action, after issue has been joined * * * such motion shall be made no later than [120] days...
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