Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' cross motion which was for partial summary judgment dismissing the plaintiff's cause of action to recover civil penalties and substituting therefor a provision denying that branch of the cross motion, and that cause of action is reinstated; as so modified, the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme...
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