Ordered that the order is modified, on the law, by deleting the words "the Defendants' cross-motion is denied as moot" from the second full paragraph thereof and substituting therefor a provision granting the branch of the defendants' cross motion which was to dismiss the plaintiff's third cause of action pursuant to CPLR 3211 (a) (7) and denying the cross motion in all other respects; as so modified, the order is affirmed insofar as appealed from; and it is further,
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