Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Miriam Tumelty, striking that defendant's affirmative defenses alleging lack of standing, and to appoint a referee to compute the amount due to the plaintiff, and substituting therefor provisions denying those branches of the motion; as so modified, the...
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