Order modified, on the law, by (1) deleting so much thereof as grants that branch of plaintiff's cross motion which sought to amend the complaint and substituting therefor a provision denying the cross motion in its entirety, and (2) deleting so much thereof as denied defendant's motion for summary judgment on the fifth and stated portions of the third causes of action and substituting therefor a provision granting said motion to the extent of dismissing items A, D and E...
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