Order modified by deleting the first decretal paragraph thereof and substituting therefor provisions (1) granting plaintiffs summary judgment dismissing the counterclaim, with the proviso that the matters alleged therein be permitted to stand as the third affirmative defense and (2) denying the branch of plaintiffs' motion which sought dismissal of the affirmative defenses. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
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