Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment, inter alia, declaring that the plaintiffs are the lawful owners of the subject real property, after the determination of the plaintiffs' second cause of action to recover damages pursuant to RPAPL 861, which was referred by the Supreme Court, Nassau County, to the Calendar Control Part for determination.
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