Ordered that the order is modified, on the law, by adding after the word "denied" in the penultimate paragraph thereof the words "as unnecessary"; as so modified, the order is affirmed, with costs to the plaintiffs.
The defendant moved in the Supreme Court, Kings County, to "restore" this action, bearing Index No. 5545/94, to the calendar pursuant to CPLR 3404 after it discovered that a related action in the Supreme Court, Nassau County, bearing Index No. 20026/94...
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