Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the determination in the order dated May 28, 2009, converting that branch of the respondents/defendants' motion which was pursuant to CPLR 7804 (f) to dismiss the third cause of action into a motion for summary judgment dismissing that cause of action is vacated, that branch of the respondents/defendants' motion which was pursuant to CPLR 7804 (f) to dismiss...
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