Order and judgment modified, on the law, by (1) adding to the first decretal paragraph thereof, immediately after the word "granted", the following, "except as to the first and second counterclaims, as to which the motion is denied" and (2) deleting the third decretal paragraph thereof. As so modified, order and judgment affirmed, without costs or disbursements.
The existing order of preclusion does not relieve defendant of its obligation to establish a prima facie...
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