Order modified, on the law, by deleting the second decretal paragraph, which granted the motion as to defendant's seventh affirmative defense, and substituting a provision denying the motion as to that defense. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
The stay contained in this court's order dated July 30, 1981 is vacated. On this record, it cannot be said that, as a matter of law, no triable issue of fact exists as...
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