Ordered that the order and judgment is reversed, on the law, with costs to the appellant, the motion of the respondents/defendants pursuant to CPLR 7804(f) and 3211(a) to dismiss the petition/complaint is denied, the petition/complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings, including a determination on the merits of the appellant's cross motion pursuant to CPLR 3211(c) to convert the respondents/defendants...
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