Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the eighth cause of action to recover damages pursuant to Labor Law § 740 and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Taking the allegations of the complaint as true and resolving all reasonable inferences...
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