Ordered that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on the law and the facts, and the matter is remitted to the Supreme Court, Westchester County, for entry of a judgment dismissing the complaint; and it is further,
Ordered that one bill of costs is awarded to the defendants...
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