Ordered that the order is modified, on the law, and as a matter of discretion, by (1) deleting the provision thereof which denied the appellants' cross motion for summary judgment as academic and substituting therefor a provision denying that motion on the merits, and (2) adding a provision that, upon searching the record, partial summary judgment is granted to the plaintiffs on their cause of action for a permanent injunction barring the appellants from continuing construction...
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