Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint, to strike the affirmative defense alleging that the plaintiff failed to comply with the notice requirements of RPAPL 1304, and to appoint a referee to compute the amount due, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar...
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