Ordered that the order is modified, on the law, (1) by deleting the provision thereof which denied that branch of the plaintiff's motion which was to dismiss the defendants' second affirmative defense, and substituting therefor a provision granting that branch of the motion, (2) by deleting the provision thereof which denied that branch of the motion which was to dismiss so much of the first counterclaim as refers to a statement which allegedly implicated the defendant Brian...
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