Order modified, on the law, so as to provide that the motion is granted to the extent of granting the plaintiff partial summary judgment against the defendants Varano on the issue of liability, and dismissing the counterclaim and affirmative defenses asserted by those defendants. As so modified, order affirmed, with costs to the plaintiff, and matter remitted to the Supreme Court, Kings County, for a trial on the issue of damages, before the court without a jury, in accordance...
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