Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 31, 2015, which denied plaintiff's motion for summary judgment on the second, third, fourth and fifth causes of action and dismissing defendant's amended counterclaim, and denied defendant's cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant defendant's motion as to the first and fifth causes of action, and otherwise affirmed, without costs.
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