DUFFLY, J.
After our decision in this matter, see 55 Mass.App.Ct. 1114 (2002), issued pursuant to Appeals Court Rule 1:28, as amended, 46 Mass.App.Ct. 1001 (1998), we granted the petitions for rehearing submitted by three of the defendants, and heard argument thereon on November 26, 2002. Our earlier decision, reversing in part the dismissal of the plaintiffs' claims as not timely filed, was in connection with the plaintiffs' appeal from entry of summary judgment...
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