Ordered that the order is modified, on the law, and as a matter of discretion, by deleting the provisions thereof which denied those branches of the motion which were in effect, to vacate the dismissal of the counterclaim and third-party complaint and, upon restoring them, to consolidate them with the second action commenced by the plaintiff against the appellant under Orange County Index No. 866/96, and substituting therefor provisions granting those branches of the motion...
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