Ordered that the order is modified, on the law, by (1) deleting the provision thereof which granted that branch of the plaintiff's motion which was to dismiss so much of the appellant's sixth counterclaim as asserted that the plaintiff knowingly received trust funds which constituted a diversion to the extent such were applied by the plaintiff towards other debts and not the subject consolidated loan and that the bank should be liable for the diversion, and substituting therefor...
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