Ordered that the order is modified, on the law, by (1) deleting the provision thereof which granted that branch of the defendant NWB's motion which sought partial summary judgment dismissing the plaintiff's causes of action to recover damages for the loss of the $50,000 and substituting therefor a provision denying that branch of NWB's motion, and (2) deleting therefrom the provisions which ordered that the instant action and the pending matrimonial action be "consolidated...
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