Ordered that the order is modified, on the law, by deleting the provision thereof which, upon searching the record, awarded summary judgment dismissing the appellant's second counterclaim; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The order appealed from, inter alia, granted that branch of the defendant seller's motion which was for summary judgment dismissing the complaint. Since the plaintiff purchaser did not...
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