Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion is granted, those branches of the plaintiff's cross motion which were for summary judgment and pursuant to CPLR 3211 (b) to dismiss the defendant's affirmative defenses are denied, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment dismissing the second and third causes of action, and declaring that house rule No. 1 is invalid...
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