At the time summary judgment was granted, Special Term also granted a companion motion made by the plaintiff pursuant to rule 109 of the Rules of Civil Practice dismissing two counterclaims for legal insufficiency with leave to amend. The defendant then served amended counterclaims. Thereafter, on the plaintiff's motion to dismiss the amended counterclaims for insufficiency, Special Term held the first counterclaim stated a cause of action. On this record, therefore, it appears...
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