Order modified, on the law, by (1) deleting therefrom the provisions (a) granting the cross motion to dismiss the fourth affirmative defense and (b) denying the motion to dismiss the second and fifth causes of action and (2) substituting therefor provisions (a) denying the cross motion to dismiss the fourth affirmative defense, (b) reinstating that defense and (c) granting defendant's motion to the extent of dismissing the second cause of action and so much of the fifth cause...
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