Ordered that the order is reversed, on the law, with costs, those branches of the defendants' motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7) are granted, and the motion is otherwise denied as academic.
The Supreme Court erred in denying those branches of the defendants' motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7). Accepting the plaintiffs' allegations as true and affording them the benefit of every...
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