Ordered that the order is modified, on the law, by deleting the provision thereof which denied the plaintiff's motion in its entirety, and by substituting therefor a provision granting the plaintiff's motion to the extent of dismissing the defendant's second affirmative defense, second counterclaim, and third (repetitively denominated "first") affirmative defense, and otherwise denying the motion; as so modified, the order is affirmed, without costs or disbursements.
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