Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendant's motion which were for summary judgment (1) dismissing the complaint, (2) on so much of its first counterclaim as alleged that the plaintiff breached the parties' close-out agreement by (a) failing to complete the sidewalk replacement work provided for in paragraph 1 (a) of that agreement, (b) failing to obtain and provide written administrative approval...
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