Rabinowitz v. American Tire Works

— In an action for a permanent injunction, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Brucia, J.), dated August 20, 1987, which denied their motion for summary judgment or, alternatively, to amend their complaint, and granted the defendant’s cross motion for summary judgment dismissing the complaint as time barred and for leave to amend its answer.

Ordered that the order is modified, by deleting the provision thereof granting that branch of the defendant’s cross motion which was for summary judgment and substituting therefor a provision denying that branch of the…