Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the motion of the defendant Remco Maintenance, LLC, which were for summary judgment dismissing the third cause of action insofar as asserted against it and for summary judgment on its third counterclaim, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff...
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