Ordered that the order is modified, on the law, by (1) deleting the provision thereof which denied those branches of the plaintiff's motion which were for summary judgment on its first, third, fourth, and fifth causes of action, and substituting therefor a provision granting those branches of the motion, and (2) deleting the provision thereof denying those branches of the plaintiff's motion which were to dismiss the defendant's third and fourth affirmative defenses, and substituting...
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