Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on the first cause of action alleging breach of contract against the defendant North Fork Bank and substituting therefor a provision granting that branch of the motion as to liability only; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the...
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