Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant's motion for summary judgment dismissing the complaint and substituting therefor a provision denying the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiffs.
The Supreme Court erred in entertaining the motion of the defendant for summary judgment dismissing the complaint, which was made returnable over 30 days beyond...
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