Ordered that the order is modified by deleting the decretal paragraph thereof granting the defendants' motion to the extent of dismissing the first two causes of action and substituting therefor a provision granting the defendants' motion to the extent of dismissing the second cause of action and denying that branch of the motion seeking to dismiss the first cause of action; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
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