Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the order is reversed insofar as cross-appealed from, on the law those branches of the cross motion which were for summary judgment dismissing the first, second and third causes of action, are granted, and the first, second, and third causes of action are dismissed; and it is further,
Ordered that the defendant is awarded one bill of costs.
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