In this action couched in negligence and breach of contract the defendants move for an order dismissing the six causes of action pursuant to CPLR 3211 (subd. [a], pars. 5, 8) and pursuant to 3211 (subd. [a], par. 7) as to the first, second, fifth and sixth causes of action. Plaintiffs cross-move for an order pursuant to subdivision (a) of 3215 CPLR granting judgment for the failure of the...
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