This motion was brought by the defendants to dismiss plaintiff's complaint pursuant to CPLR 3211 (a) (7) on the grounds that it failed to state a cause of action and the plaintiff cross-moved to dismiss the defendants' motion. After the oral argument of the said motions, the plaintiff served an amended complaint. Thereupon, the parties, by their attorneys, have agreed that the court should treat defendants' motion as one to dismiss...
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