Ordered that the cross appeal is dismissed, without costs or disbursements, as the defendant is not aggrieved by the portion of the order cross-appealed from (see CPLR 5511); and it is further,
Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the defendant's motion for summary judgment on his counterclaims is deemed withdrawn.
The Supreme Court erroneously granted the defendant's motion for...
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