Ordered that the orders entered October 12, 2006, December 14, 2006, and May 4, 2007, respectively, are affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order entered May 3, 2007 is modified, on the law, by deleting the provision thereof denying that branch of the defendant's cross motion which was for summary judgment on the third counterclaim and substituting therefor a provision granting that branch of the cross...
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