Ordered that the order dated August 25, 1986 is reversed, on the law, with costs, the plaintiffs' motion is denied and the appellant's renewed cross motion for summary judgment is granted; and it is further,
Ordered that the appeal from the order entered December 20, 1985 is dismissed as academic, in view of our determination on the appeal from the order dated August 25, 1986; and it is further,
Ordered that the appellant is awarded one bill of costs.
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