Ordered that the notice of appeal from the order dated November 7, 2001, is deemed to be a notice of appeal from the judgment (see CPLR 5512 [a]); and it is further,
Ordered that the judgment is reversed, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint and dismissing the affirmative defenses are denied, and the order dated November 7, 2001, is modified accordingly; and it is further,
Ordered that...
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