Ordered that the order is modified, on the law, by deleting the provision granting the branches of the town's motion which were to dismiss the second, third, fourth, fifth and seventh causes of action, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.
Initially, we note that on appeal, the plaintiff implicitly concedes that the sixth cause of action, which is based upon...
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