Order modified, on the law, (1) by striking the first and second decretal paragraphs thereof and (2) by substituting therefor a paragraph (a) granting plaintiff's motion for summary judgment to the extent of the matter set forth in its statement (by stipulation, its previous complaint in this action is its statement) and to the further extent of dismissing paragraphs "1", "2" and "3" of defendant's answering statement (interposed pursuant to the same stipulation), (b) denying...
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