Ordered that the order entered February 19, 2004, is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for a judgment against the defendant and substituting therefor a provision granting that branch of the motion; as so modified, the order entered February 19, 2004, is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, to determine...
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