Ordered that the order is reversed, on the law, with costs, that branch of the defendant's cross motion which was, in effect, to dismiss the complaint without prejudice pursuant to CPLR 3211 (a) (7) is denied, and the matter is remitted for further proceedings in accordance herewith on the plaintiffs' motion for summary judgment on the issue of liability on the cause of action for injunctive relief pursuant to Town Law § 268 (2).
The plaintiffs, three resident...
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