Order modified, on the law, by adding thereto, immediately after the provision denying the motion, the following "except that plaintiff's motion for summary judgment is granted to the extent of dismissing defendant's first and second affirmative defenses." As so modified, order affirmed, with $50 costs and disbursements to plaintiff.
Although we agree with Special Term's implicit conclusion that a triable issue has been raised by defendant's allegation of mutual mistake...
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