Ordered that the order is modified, on the law, by (1) deleting the provision thereof which granted that branch of the plaintiff's motion which was to dismiss the fifth and eighth affirmative defenses and substituting therefor a provision denying that branch of the plaintiff's motion, and (2) deleting from the fifth decretal paragraph thereof the words "without prejudice to plaintiff's claim to foreclose the mortgage"; as so modified, the order is affirmed insofar as appealed...
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