Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting those branches of the defendants' motion which were to dismiss the second and fourth causes of action and substituting therefor a provision denying those branches of the defendants' motion, and (2) deleting the provision thereof granting that branch of the defendants' motion which was to dismiss the fifth cause of action and substituting therefor a provision granting that branch...
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