Ordered that the order is modified, on the law, by deleting the provision thereof which denied those branches of the plaintiff's motion which were for summary judgment on damages under the first, second, fourth, and fifth causes of action, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiff, and the matter is remitted to the Supreme Court...
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