Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting those branches of the defendants' motion which were for summary judgment dismissing the second, third, and fifth causes of action, and substituting therefor a provision denying those branches of the motion, and (2) by deleting the provision thereof, in effect, searching the record and awarding the plaintiff summary judgment dismissing the first, second, and third counterclaims;...
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