Ordered that the order is modified by deleting the provision thereof denying the cross motion in its entirety and substituting therefor a provision granting those branches of the cross motion which were to dismiss the first, second, fourth, fifth, sixth, eighth, and ninth affirmative defenses asserted by the defendants Gary W. Gramer, W. Alexander Melbardis, and Gramer & Melbardis, Esqs., and otherwise denying the cross motion; as so modified, the order is affirmed insofar...
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