Order modified by striking out the second, third and fourth decretal paragraphs, and by substituting therefor: (1) a paragraph denying the motion to dismiss, under rules 106 and 113, as to the first, second, third, sixth and seventh causes of action; (2) a paragraph granting the motion to dismiss, under rule 106, as to the fifth and eighth causes of action, without leave to replead; and (3) a paragraph granting the motion to dismiss, under rule 113, as to the fourth, fifth...
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