OPINION OF THE COURT
DANIEL PALMIERI, J.
It is ordered that the motion by the defendants to dismiss in lieu of answer (sequence No. 1) is treated as one for summary judgment and is granted, and the complaint is dismissed. The cross motion by the plaintiff for summary judgment (sequence No. 2) is denied.
By prior order of the court dated June 19, 2006 these motions were adjourned to July 10, 2006...
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