Ordered that the order is modified, on the law, by deleting the provisions thereof which denied those branches of the plaintiffs' cross motion which were for summary judgment dismissing the defendant's eighth and tenth affirmative defenses and substituting therefor a provision granting those branches of the cross motion and dismissing those affirmative defenses; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements...
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