Ordered that the order entered January 22, 1996, is reversed, on the law, the defendants' motion for summary judgment is granted, and the complaint is dismissed; and it is further,
Ordered that the appeal from the order entered October 31, 1995, is dismissed as academic in light of our determination of the appeal from the order entered January 22, 1996; and it is further,
Ordered that the defendants are awarded one bill of costs.
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