Ordered that the order dated October 3, 1989, is reversed insofar as appealed from by the defendants, the defendants' cross motion for summary judgment is granted, the complaint is dismissed, the plaintiffs' motion for leave to serve an amended and supplemental complaint is denied, and the notice of pendency is canceled; and it is further,
Ordered that the cross appeal from the order dated October 3, 1989, is dismissed as academic in light of the determination on...
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