Ordered that the order is modified, on the law, by deleting the provisions thereof which denied the branches of the appellants' cross motion which were to dismiss the fourth and fifth causes of action and substituting therefor a provision granting those branches of the appellants' cross motion to the extent of dismissing so much of the fourth and fifth causes of action as are based on the appellants' actions in obtaining a settlement with 239 Pension Realty Corp. in the underlying...
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