Ordered that the order is modified, on the law, by deleting therefrom the provision denying that branch of the defendant's motion which was for summary judgment dismissing the cause of action to recover damages for negligence and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiffs.
"It is a well-established principle that a simple breach of contract is not to be considered a tort...
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