Ordered that the order is modified, on the law, the facts, and in the exercise of discretion, (1) by deleting the provisions thereof granting those branches of the plaintiff's motion which were to strike stated paragraphs of the defendant's counterclaim on the grounds of res judicata, collateral estoppel, and equitable estoppel, to strike stated paragraphs of the defendant's counterclaim, in effect, as time-barred, and to strike stated paragraphs of the defendant's counterclaim...
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