Ordered that the order is modified, on the law, by deleting the provision thereof which converted the motion to one for summary judgment pursuant to CPLR 3212 and, upon converting the motion, granted summary judgment to the plaintiffs, and substituting therefor a provision denying the plaintiffs' motion for summary judgment in lieu of complaint; as so modified, the order is affirmed, without costs or disbursements.
In an underlying negligence action, the plaintiffs...
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