Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs' motion which was, in effect, to restore the action to active status and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with one bill of costs to the plaintiffs, payable by the defendants appearing separately and filing separate briefs.
The note of issue was vacated on January 12, 2007...
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