Order modified, on the law, by adding thereto, after the word "denied", the following: "only insofar as it seeks dismissal under CPLR 3211 (subd [a], par 5) and is granted insofar as it seeks dismissal pursuant to CPLR 3211 (subd [a], par 7)". As so modified, order affirmed, without costs or disbursements.
The complaint alleges that plaintiff, "at the special instance and request of the defendant, sold and delivered to defendant and the defendant accepted goods, wares...
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