Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the plaintiff's motion which were to dismiss the defendant's first, second, third, sixth, seventh, and eighth counterclaims pursuant to CPLR 3211 (a) (7) and for summary judgment on the complaint, and substituting therefor provisions granting those branches of the plaintiff's motion; as so modified, the order is affirmed insofar as appealed from, with costs to the...
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