Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch of the defendant's cross motion which was for summary judgment on its counterclaim to recover for breach of contract and substituting therefor a provision granting that branch of the motion only to the extent that the defendant is awarded summary judgment to recover the costs of the liability policy it obtained, the deductible on the policy, and any increase in premium...
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