Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the plaintiff's motion which was for summary judgment dismissing the third and fourth affirmative defenses of the defendant Glen Heathers and the second affirmative defense of the defendants Matthew T. Brosnan and Michael J. Brosnan and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with one bill of costs...
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