Ordered that the order is modified by deleting the provision thereof which granted the motion of the defendants The Eagle Insurance Company and Material Damage Adjustment Corporation to dismiss the complaint and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements.
The defendant insurance companies sought dismissal of the complaint pursuant to CPLR 3211 (a) (7) solely on the ground that a malicious...
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