Ordered that the order and judgment is modified, on the law, by (1) deleting so much of the ninth decretal paragraph thereof as declared that "protest of [tax payments] must have been exclusively evidenced by the commencement of proceedings pursuant to Article 7 of the Real Property Tax Law", (2) deleting the tenth decretal paragraph thereof which dismissed "the demand for the relief of plaintiff's [amended] complaint that seeks refund of taxes overpaid for the years in which...
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