Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying those branches of the plaintiff's cross motion which were to dismiss the defendant's first and third affirmative defenses and its counterclaim sounding in fraud, and substituting therefor a provision granting those branches of the cross motion, and (2), upon searching the record, adding a provision thereto granting the plaintiff summary judgment on its first and fourth causes of...
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