Order modified by (1) inserting therein, immediately after the words "it is ordered" that defendant's motion to dismiss the "first cause of action", the following: "is granted"; (2) deleting therefrom the words "are both" and substituting therefore the word "is", so that the context shall read that plaintiff's cross motion "is denied", and (3) adding thereto a provision that defendant is granted summary judgment on its second and fourth counterclaims solely on the issues...
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