Unanimously modified, on the law and the facts, so as to deny the motion to dismiss the amended complaint insofar as it relates to paragraphs 1, 3, 5, 6, 9, 10, 16, 17, 18, 19, 20, 24, 26, 28, 30, 31, 32 and 40 of the amended complaint.
The remaining paragraphs of the amended complaint are stricken; the third, fifth, eighth and ninth causes of action are dismissed. The paragraphs that are not stricken (including the titles of the causes of action not stricken) shall...
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