Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were to dismiss the first and second counterclaims are granted, and those counterclaims are dismissed.
It is well settled that on a motion to dismiss a pleading for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the pleading is to be liberally construed, accepting all the facts alleged in the pleading to be true and...
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