Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the law, by deleting therefrom the provision awarding the defendant judgment on the first cause of action of the complaint, and substituting therefor a provision awarding the plaintiff partial summary judgment as to liability on that cause of action, and severing that cause of action from the remainder of the action; as so modified, the judgment is affirmed...
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