Ordered that the order is reversed insofar as cross-appealed from, on the law, by deleting the third decretal paragraph thereof and by substituting therefor a provision granting that branch of the motion which was for summary judgment dismissing the second cause of action of the verified petition; and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the respondent-appellant is awarded one bill of costs...
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