Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion to confirm the referee's report, and those branches of his separate cross motion which were for summary judgment dismissing the fourth and fifth affirmative defenses asserted by the defendant Montalvo & Son Auto Repair Center, Ltd., are denied, and the matter is remitted to the Supreme Court, Kings County, for a new determination of those branches of the plaintiff...
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