Order modified, on the law, by deleting therefrom the provision that plaintiff's motion is denied and by substituting therefor provisions that (1) the motion is granted to the extent that plaintiff is awarded partial summary judgment in Action No. 2 in the amount of $98,986 and (2) entry of judgment is to await the conclusion of the trial. As so modified, order affirmed, with $50 costs and disbursements to plaintiff, and with a direction that the action proceed to trial forthwith...
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