Ordered that the order dated October 28, 1996, which, inter alia, denied the appellants' cross motion for summary judgment, is reversed insofar as appealed from, on the law, the appellants' cross motion is granted, and the matter is remitted to the Supreme Court, Queens County, for entry of a judgment declaring that the tenant Frederick Marshall and/or the subtenant Star Nissan, Inc., are responsible for remediating the subject contamination; and it is further,
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