It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by reinstating the second and third causes of action and as modified the order is affirmed without costs.
Memorandum:
We agree with plaintiff that Supreme Court erred in dismissing the second and third causes of action of the complaint in the absence of a request by defendant for such relief (see Hoeffner v John F. Frank, Inc.,
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