Ordered that the order dated August 11, 2011, is reversed insofar as appealed from, on the law, those branches of the defendant's motion which were to dismiss, as untimely, so much of the first cause of action as sought a judgment declaring that paragraph 3.01 (c) of the subject lease, providing the formula for determining basic rental adjustments, is ambiguous, and that the proper formula to use is the formula submitted by the plaintiffs, and pursuant to CPLR 3211 (a) (1...
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