Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendant's motion which were for summary judgment dismissing the second, fourth, sixth, and eighth causes of action alleged in the complaint, and substituting therefor a provision denying those branches of the defendant's motion, and those causes of action are reinstated; as so modified, the order is affirmed insofar as appealed from, with costs payable to the...
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