Ordered that the order dated March 11, 2009, is reversed insofar as appealed from, on the law, and those branches of the plaintiff's motion pursuant to CPLR 3211 (a) (7) and (b) which were to dismiss the defendant's counterclaim and second, fourth, fifth, and sixth affirmative defenses are granted; and it is further,
Ordered that the appeal from so much of the order dated May
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