Ordered that the order is modified by deleting the provisions thereof denying the branches of the plaintiff's motion which were for summary judgment and for dismissal of the first, second, and fourth affirmative defenses and the first counterclaim and substituting therefor provisions granting those branches of the plaintiff's motion; as so modified, the order is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Suffolk County, for further...
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