Ordered that the order is modified, on the law, on the facts, and in the exercise of discretion, by (1) deleting the provision thereof granting the plaintiff's motion for summary judgment and to appoint a referee, and substituting therefor a provision denying that motion, and (2) deleting the provision thereof, in effect, denying that branch of the appellant's cross motion which was for leave to serve an amended answer to assert the defense of lack of standing, and substituting...
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