Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof granting the motion of the defendant Sunrise Building and Remodeling, Inc., to dismiss the complaint pursuant to CPLR 3216 and substituting therefor a provision denying that motion; as so modified, the order is affirmed, with one bill of costs to the plaintiffs payable by the defendant Sunrise Building and Remodeling, Inc., and one bill of costs to the defendant...
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