Ordered that the order dated December 15, 2004 is affirmed insofar as appealed from; and it is further,
Ordered that the order dated December 20, 2006 is reversed, on the law, and the plaintiff's motion for summary judgment on the complaint and dismissing the counterclaim is denied; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The Supreme Court erred in granting that branch of the plaintiff's motion which was for summary...
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