Ordered that the order is modified by (1) deleting the provision thereof granting that branch of the motion which was to dismiss the plaintiff's second cause of action, and substituting therefor a provision denying that branch of the motion, and (2) deleting the provision thereof denying that branch of the motion which was to dismiss the plaintiff's third cause of action, and substituting therefor a provision granting that branch of the motion; as so modified, the order is...
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