Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was to dismiss the sixth cause of action, and substituting therefor a provision granting that branch of the motion only to the extent of dismissing so much of the sixth cause of action as sought to recover damages for any alleged breach of fiduciary duty which occurred prior to May 21, 2001; as so modified, the order is affirmed insofar as...
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