Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendant's renewed motion which were pursuant to CPLR 3211 (a) (5) to dismiss the first cause of action on the ground of collateral estoppel and as barred by a release, and substituting therefor a provision denying those branches of the defendant's renewed motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements....
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