Ordered that the order and judgment is modified, on the law, by (1) deleting therefrom so much of the first decretal paragraph as granted the plaintiffs' motion for summary judgment in all respects and substituting therefor a provision granting those branches of the plaintiffs' motion which were for summary judgment dismissing the first, third, and fourth counterclaims and the related affirmative defenses pertaining to fraud, an accounting, and restitution of wrongfully diverted...
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