Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211(a) to dismiss the first cause of action in the amended complaint, and adding a provision thereto deeming that branch of the motion to be for a declaratory judgment in the defendants' favor, and thereupon granting that branch of the motion; as so modified, the order is affirmed, with costs to the defendants, and the...
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