Ordered that the order and judgment is modified, on the law, by deleting the first, fourth and fifth decretal paragraphs thereof and by substituting therefor a provision denying the plaintiff's motion for summary judgment; as so modified, the order and judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for a determination of that branch of the defendant's motion which was to strike the plaintiff's statement...
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