Order modified, on the law, by adding the following at the end of the provision granting summary judgment to the defendant, "except as to the second cause of action". As so modified, order affirmed, without costs or disbursements.
Special Term, treating the defendant's CPLR 3211 (subd [a]) motion as one for summary judgment, dismissed the complaint. The dismissal is improper insofar as the complaint states a cause of action and the record creates doubt about the existence...
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