Order unanimously modified by dismissing the third cause of action under rule 113 of the Rules of Civil Practice and, as so modified, affirmed, with $20 costs and disbursements to appellants. The third cause of action for malicious abuse of process based on the claim that the defendants have improperly instituted an action for declaratory judgment will not lie (Miller v. Stern, 262 App. Div. 5; 72 C. J. S., Process, § 119). Plaintiff may, within ten days after...
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