Ordered that the appeal from the order dated December 14, 2005 is dismissed, as no appeal lies from an order denying leave to reargue; and it is further,
Ordered that the order dated September 29, 2005 is reversed insofar as cross-appealed from, on the law, and that branch of the plaintiffs' cross motion which was for summary judgment on the issue of liability is granted; and it is further,
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