Ordered that the order is reversed, on the law, with costs, the plaintiff's motion to renew is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a determination of the plaintiffs' cross motion for summary judgment on the merits.
Under the circumstances of this case, the Supreme Court should have granted the plaintiffs leave to renew their cross motion for summary judgment.
The respondents' remaining contentions are without merit...
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