Ordered that the cross appeal is dismissed, on the ground that the defendant is not aggrieved by the judgment since it dismissed the plaintiffs' complaint (see, CPLR 5511); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the defendant is awarded one bill of costs.
The following evidence was adduced at the bifurcated trial of the plaintiffs' causes of action against the defendant Norcem under the theory...
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