Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered June 19, 2012. The order, among other things, granted that part of the motion of plaintiff seeking dismissal of defendant's fourth and fifth counterclaims.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion seeking dismissal of the fourth and fifth counterclaims and reinstating those counterclaims and as modified...
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