Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the first cause of action and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
Viewing the complaint in the light most favorable to the plaintiffs and accepting the factual allegations as true, the complaint states a cause of action to recover...
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