Ordered that the order is modified by deleting therefrom the provisions denying those branches of the plaintiff's motion which were to dismiss the defendant's affirmative defenses and counterclaims and to grant the plaintiff partial summary judgment on the issue of liability, and substituting therefor a provision granting those branches of the motion which were to dismiss the defendant's affirmative defenses and counterclaims, and for summary judgment on the issue of liability...
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