Ordered that the order is modified by deleting the provisions thereof granting those branches of the defendants' motion which were to dismiss the first, second, fifth, and sixth causes of action in the complaint, and substituting therefor a provision denying those branches of the defendants' motion; as so modified, the order is affirmed insofar as appealed from, with costs payable to the plaintiff, and the first, second, fifth, and sixth causes of action are reinstated.<...
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