Ordered that the order is modified, on the law, by (1) deleting the provisions thereof which denied the branches of the defendants' motion which were for summary judgment dismissing the first and third causes of action of the complaint and for summary judgment on the defendants' first, second, and third counterclaims and substituting therefor a provision granting those branches of the defendants' motion, and (2) upon searching the record, adding thereto a provision awarding...
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