It is hereby ordered that the order so appealed from is modified on the law by granting the motion insofar as it sought summary judgment on the issue of liability with respect to the first cause of action and insofar as it sought summary judgment dismissing the fourth affirmative defense and the second and third counterclaims, and as modified the order is affirmed without costs.
Memorandum: In late 2016, plaintiff and defendant entered into a sales contract whereby...
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