Ordered that the judgment is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof awarding the defendant/counterclaim plaintiff damages in the principal sum of $1,250,000, with prejudgment interest at the rate of five percent per annum from July 10, 2012, and substituting therefor a provision awarding the defendant/counterclaim plaintiff damages in the principal sum of $1,489,000, with prejudgment interest at the rate...
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