It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly exercised its discretion in granting that part of plaintiffs' motion seeking leave to renew that part of defendant's cross motion seeking to dismiss the complaint, and upon renewal, denying that part of the cross motion. The court had granted that part of the cross motion "without prejudice" (see generally...
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