Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof granting the motion in its entirety and substituting therefor a provision granting that branch of the motion which was to dismiss the third through seventh causes of action, and otherwise denying the motion; as so modified, the order is affirmed, with costs to the respondent, and the first and second causes of action are reinstated.
While the nature and degree of the penalty...
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