Ordered that the order is modified, on the law, by (1) deleting the provision thereof which denied that branch of the plaintiff's motion which was for summary judgment on his first cause of action, and substituting therefor a provision granting that branch of the plaintiff's motion which was for summary judgment on his first cause of action, (2) adding a provision that upon searching the record pursuant to CPLR 3212 (b), the plaintiff's second cause of action is dismissed...
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