Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendants' motion which were, in effect, for summary judgment dismissing the first cause of action and for summary judgment on the issue of liability on their first counterclaim, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendants.
The plaintiff...
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