Judgment modified, on the law, by deleting the third and fourth decretal paragraphs thereof and substituting therefor a provision dismissing plaintiff's complaint as against defendant Fraken Builders, Inc., and by deleting the sixth decretal paragraph thereof. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements, and matter remitted to the Supreme Court, Westchester County, for a trial on the counterclaims asserted by defendant Fraken...
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