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Finally, we note that petitioners elected not to
proceed to trial. After the parties had completed their
argument on the motion and cross-motion for summary
judgment, the following exchange took place between the
Court and petitioners' attorney:
THE COURT: And so there is no trial, I take
it?
MR. BRODY: On behalf of the Petitioner we
believe that we have submitted
our evidence to the Court on
the motions.
To reflect the foregoing,
An order and decision shall
be entered granting respondent's
motion for summary judgment and
denying petitioners' cross-
motion for summary judgment.
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