Ordered that the order is modified, on the law, by (1) deleting the provision thereof which denied that branch of the plaintiff's motion which was for summary judgment in its favor on the complaint, and substituting therefor a provision granting that branch of the motion, (2) deleting the provision thereof which denied that branch of the plaintiff's motion which was for summary judgment dismissing the counterclaims asserted by the defendant Arthurkill Associates, and substituting...
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