Ordered that the order is affirmed, with costs.
The plaintiffs commenced an action against the defendants arising from a motor vehicle accident that occurred on October 21, 2001 between their motor vehicle and a motor vehicle owned by the defendant Barbara Jacoby and operated by the defendant Thomas Jacoby. On June 5, 2002 the plaintiffs commenced an action (hereinafter the prior action) against the defendants to recover damages for personal injuries. The defendants...
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