Order modified, on the law, by adding thereto, immediately after the word "denied", the following: "except that the motion is granted to the extent that partial summary judgment is granted to plaintiff on its first cause of action." As so modified, order affirmed, with $50 costs and disbursements to plaintiff, and the matter is remitted to Special Term for the appointment of a Referee pursuant to CPLR 4212 to inquire and report with respect to the status of the account existing...
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