Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (5) and substituting therefor a provision granting that branch of the motion and severing the defendants' counterclaims; as so modified, the order is affirmed, with costs to the appellants, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the counterclaims...
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