Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment dismissing the appellant's first and fifth counterclaims and so much of the appellant's second and third counterclaims as sought to recover prepayment penalties are denied, and, upon searching the record, summary judgment is awarded to the appellant on his first counterclaim.
In his first counterclaim, the defendant...
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