Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's cross motion which was pursuant to CPLR 3211 (a) (7) to dismiss the defendants' counterclaims, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The defendants' first counterclaim alleges that, prior to commencing this action...
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