Ordered that the order is reversed, on the law, with one bill of costs to the respondents appearing separately and filing separate briefs, the motion is denied, the order dated August 12, 1999, is reinstated, the cross application and cross motion are granted, and the complaint is dismissed.
Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in conditionally granting the plaintiff's motion and reinstating the complaint ...
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