Order unanimously modified by denying defendants' cross motion to dismiss the second alleged cause of action pursuant to rule 114 of the Rules of Civil Practice, and by granting defendants' cross motion to dismiss the second alleged cause of action pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, with leave to plaintiffs, if so advised, to serve an amended complaint as to said second cause of action within 20 days after service of a copy of the order...
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