Ordered that the order dated August 25, 1986 is reversed insofar as appealed from, and that branch of the defendant's cross motion which was for summary judgment dismissing the first cause of action is granted; and it is further,
Ordered that the order dated October 27, 1986 is modified by deleting the first, fourth, fifth, sixth and seventh decretal paragraphs thereof, by renumbering decretal paragraphs two, three and eight to paragraphs one, two, and three, respectively...
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