Motion by plaintiff for leave to reargue the decision of this court in the above-entitled matter dated January 3, 1980, is granted and, upon the reargument, the motion by plaintiff to dismiss the first and second affirmative defenses (CPLR 3211, subd [b]) and for summary judgment (CPLR 3212) is granted. With regard to the request for a receiver the court adheres to its original decision.
On March 14, 1979, plaintiff and defendant...
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