Ordered that the order is modified, on the law, (1) by deleting the provision thereof which denied those branches of the defendants' motions which were for summary judgment dismissing the second cause of action, and substituting therefor a provision granting those branches of the defendants' motions, and (2) by deleting the provision thereof which denied those branches of the defendants' motions which were for summary judgment dismissing so much of the third cause of action...
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