Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (5) to dismiss the first cause of action as time-barred and substituting therefor a provision denying that branch of the motion as academic, and (2) by deleting the provision thereof denying the plaintiffs' cross motion for summary judgment on the complaint and substituting therefor a provision denying the...
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