Ordered that the order is reversed, on the law, with costs, that branch of the defendant's cross motion which was to confirm the award of the master arbitrator is denied as academic, and the matter is remitted to the Supreme Court, Kings County, for a consideration of the merits of the plaintiff's motion for summary judgment on the complaint and those branches of the defendant's cross motion which were for summary judgment dismissing the complaint and on his counterclaims...
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