Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:
Defendants moved under CPLR 3211 and 3212 to dismiss several causes of action alleged in the complaint and the court denied the motion in its entirety.
The fourth cause of action should be dismissed. It alleges breach of a warranty of fitness for a particular purpose. The undisputed facts, however, show that the contract of sale excluded...
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