Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Patrick Nathan, to strike his answer, and for the appointment of a referee to compute the amount due and owing to the plaintiff, and substituting therefor a provision denying those branches of the plaintiff's motion; as so modified, the order is affirmed...
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