Ordered that the order is reversed insofar as appealed and cross-appealed from, on the law, without costs or disbursements, that branch of the motion of Lackmann Food Services at Old Country Road, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it and that branch of the plaintiff's cross motion which was to dismiss the third, fourth, and fifth counterclaims are granted, the complaint and the third, fourth, and fifth counterclaims...
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