Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for summary judgment declaring that it is entitled to receive certain funds in the amount of $52,000 is denied, that branch of the cross motion of the defendant Mario Mutic which was for summary judgment on his counterclaim for a judgment declaring that he is entitled to receive those funds is granted, and the matter is remitted...
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