Ordered that the order is modified, on the law, by adding a provision thereto consolidating the action with an action entitled Klein v. Gutman, pending in the Supreme Court, Kings County, under index No. 35890/01; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Taking the facts alleged in the pleadings as true, and according the plaintiffs every favorable inference (see Leon v. Martinez,
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