Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the first cause of action; as so modified, the judgment is affirmed, without costs or disbursements, that branch of the cross motion which was to dismiss the first cause of action is denied, that branch of the motion which was for summary judgment on the issue of liability on the first cause of action is granted, the order dated June 20, 2002, is modified accordingly, and the matter...
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