Ordered that the cross appeal is dismissed as academic; and it is further,
Ordered that the order entered May 23, 1997, is affirmed; and it is further,
Ordered that the plaintiffs are awarded one bill of costs.
The Supreme Court properly denied the defendant's motion for summary judgment as the defendant failed to establish its prima facie entitlement to judgment as a matter of law (see, CPLR 3212 [b]; Zuckerman v City of New York,
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