Ordered that the order dated May 28, 1996, is modified by deleting therefrom the provision which adhered to the court's prior determination to grant that branch of the defendant's motion which was to dismiss the plaintiff's claim to recover its insured's $55,000 deductible, and substituting therefor a provision denying that branch of the motion; as so modified, the order dated May 28, 1996, is affirmed insofar as appealed from, and the order dated October 13, 1995, is modified...
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