Order modified, on the law, by (1) adding to the second decretal paragraph thereof, after the word "denied", the following: "as to the counterclaim and granted as to the complaint", (2) deleting the first decretal paragraph and substituting therefor a provision that plaintiff's motion for an examination before trial is denied and (3) adding thereto a decretal provision granting summary judgment to plaintiff dismissing the counterclaim. As so modified, order affirmed, without...
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