Ordered that the order is modified, on the law, by granting the motion to the extent of (1) awarding summary judgment in favor of the plaintiff on its claim for specific performance, and (2) awarding partial summary judgment in favor of the plaintiff on the issue of liability only on its claim for damages; as so modified, the order is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith...
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