Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon renewal, the motion is granted, the cross motion is denied, the complaint is dismissed, and the order dated June 22, 2005 is vacated.
On September 25, 2001 the plaintiffs' decedent was a passenger in a vehicle involved in an automobile accident with a vehicle owned and operated by the defendant. On or about November 29, 2004 the plaintiffs commenced the instant action against...
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