Unanimously modified, on the law and the facts, and in the exercise of discretion, to grant defendant-respondent-appellant's motion for summary judgment to the extent of dismissing plaintiff-appellant-respondent's fourth and fifth causes of action, to grant plaintiff's motion for summary judgment to the further extent of dismissing defendant's first affirmative defense with leave to replead, and permitting defendant to add a defense of misrepresentation of losses, and otherwise...
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