Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendant's motion which was for partial summary judgment on his counterclaims as asserted against the plaintiff Jeffrey P. Tunick and dismissed the counterclaims insofar as asserted against him and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant,...
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