Ordered that the order is modified by deleting the provision thereof denying that branch of the defendants' motion which was to dismiss so much of the fourth cause of action as asserted claims sounding in prima facie tort and breach of fiduciary duty and substituting therefor a provision granting that branch of the motion which was to dismiss the fourth cause of action in its entirety; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements...
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