Ordered that the order is modified, on the law, by deleting the provisions thereof which (1) granted those branches of the plaintiff's motion which were to dismiss the first, second and fifth affirmative defenses, (2) denied that branch of the plaintiff's motion which was to strike the third affirmative defense, and (3) denied that branch of the defendant's cross motion which was for partial summary judgment, and substituting therefor provisions (1) denying those branches...
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