Ordered that the order is modified, on the law, by deleting the provision thereof which, in effect, denied, as academic, that branch of the plaintiff's motion which was for summary judgment dismissing the counterclaim; as so modified, the order is affirmed, with costs to the defendants, and the matter is remitted to the Supreme Court, Dutchess County, to determine that branch of the motion on the merits.
This is an action, inter alia, by the Town of Fishkill pursuant...
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