No. 39. Argued February 17, 2009. Decided March 31, 2009. CROSS APPEALS, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered April 8, 2008. The Appellate Division (1) modified, on the law, an order of the Supreme Court, New York County (Debra A. James, J.; op 2007 NY Slip Op 30518[U]), which had denied defendants' motion for summary judgment and denied plaintiffs' cross motion for summary judgment, to transfer the action