Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the motion which were to dismiss the first and second causes of action insofar as asserted against the appellant are granted, and those causes of action are dismissed.
The plaintiff's first cause of action sounding in fraud and intentional tort alleges the same underlying facts as her third cause of action sounding in breach of contract. A cause of action to recover...
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