Ordered that the order dated August 13, 1990, is modified, by deleting therefrom the provision denying the defendant's motion for summary judgment in Action No. 1, and substituting therefor a provision awarding the defendant partial summary judgment on its third and fourth affirmative defenses; as so modified, the order is affirmed, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith; and it is further,
Ordered...
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