Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment making the declaration and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court erred in determining that the appellants lacked standing to challenge the timeliness of the plaintiff's disclaimer...
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