Ordered that the order is reversed, on the law, with costs, that branch of the plaintiff's motion which was pursuant to CPLR 3211 (a) (1) to dismiss the counterclaim asserted by the defendant former husband, Rafael Etzion, is granted, and those branches of the plaintiff's motion which were to dismiss the counterclaim pursuant to CPLR 3211 (a) (7) or, in the alternative, for summary judgment dismissing the counterclaim, are denied as academic.
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