Order modified, on the law, by granting that branch of plaintiff's motion which sought dismissal of the first counterclaim and granting that branch of the motion as sought dismissal of the third counterclaim to the extent that all allegations contained therein which arose prior to November 12, 1981 are stricken. As so modified, order affirmed, insofar as appealed from, without costs or disbursements.
It was error for Special Term not to have dismissed defendant's...
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