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 dismissing the complaint and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs payable to the plaintiffs.
The Supreme Court providently exercised its discretion in granting that branch of the defendant's motion which was for leave to amend its answer...
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