Ordered that on the Court's own motion, the defendants' notices of appeal are treated as applications for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on the law, the motions are granted, and the complaint is dismissed; and it is further,
Ordered that one bill of costs is awarded to the appellants.
The plaintiff Albert Plass (hereinafter the injured plaintiff)
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