Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion of the plaintiff and the third-party defendants which were pursuant to CPLR 3211 (a) to dismiss the second, third, fourth, fifth and eighth counterclaims and the third cause of action in the third-party complaint, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without...
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