Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion and substituting therefor provisions granting those branches of the motion which were for summary judgment on the first cause of action and summary judgment on the issue of liability on the second cause of action; as so modified, the order is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing to determine the...
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