Ordered that the order dated January 3, 2005 is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order dated May 12, 2005 is reversed insofar as appealed from, on the law and as an exercise of discretion, without costs or disbursements, and that branch of the plaintiffs' motion which was for leave to replead the third cause of action is granted; and it is further,
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