Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was pursuant to CPLR 3211 (a) to dismiss the defendant's counterclaims, and substituting therefor a provision granting that branch of the motion without prejudice; as so modified, the order is affirmed, with costs to the plaintiff.
This action is premised upon a certain contract between the plaintiff and Ray Crites (hereinafter the...
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