Ordered that the judgment is reversed, on the law, with costs, those branches of the motion which were for summary judgment on the fourth and fifth causes of action in Action No.1 and for summary judgment dismissing the complaint in Action No. 2 are denied, those branches of the cross motion which were for summary judgment dismissing the fourth and fifth causes of action in Action No. 1 and the third and fourth affirmative defenses to the complaint in Action No. 2 are granted...
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