Ordered that the order is modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor provisions (1) granting those branches of the plaintiff's cross motion which were for summary judgment on its first, second, fourth, and fifth causes of action and for the dismissal of the defendants' defenses and counterclaims, and (2) denying that branch of its cross motion which was for summary judgment on its third cause of action; as so modified...
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