Ordered that the judgment is reversed insofar as cross-appealed from, on the law, the plaintiffs' motion for summary judgment is denied, upon searching the record, summary judgment is awarded to the defendants, the complaint is dismissed, and the order dated October 28, 2005 is modified accordingly; and it is further,
Ordered that the appeal from the judgment is dismissed as academic; and it is further,
Ordered that one bill of costs is awarded to the defendants...
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