Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch of the motion which was to dismiss the fourth, fifth, and sixth causes of action pursuant to CPLR 3211 (a) (5) and substituting therefor a provision granting that branch of the motion, and (2) deleting the provision thereof denying that branch of the motion which was to dismiss the third cause of action pursuant to CPLR 3211 (a) (1) and substituting therefor a provision...
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