This is an appeal by plaintiff from so much of an order of the Supreme Court, Special Term, as denied plaintiff's motion pursuant to CPLR 3211 (subd [a]) to dismiss the second, third and fifth counterclaims in defendant's answer for failure to state a cause of action.
Plaintiff does not pursue its appeal as to the fifth counterclaim, contending that that has been rendered moot by an amended answer which fails to reallege that counterclaim...
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