Ordered that the order is modified by deleting the provisions thereof granting those branches of the motion which were for summary judgment (a) on the issue of liability, and (b) striking the first and second affirmative defenses and dismissing the first counterclaim, and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed, with costs to the defendant.
Where the terms of an oral agreement between disputing parties...
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