Ordered that the order is modified, on the law, by deleting the provisions thereof denying, as premature, those branches of the plaintiff's motion which were for summary judgment dismissing the defendant's first, second, third, and twelfth affirmative defenses, and, in effect, that branch of the motion which was for summary judgment dismissing the sixth affirmative defense, and substituting therefor a provision granting those branches of the motion; as so modified, the order...
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