Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the appellant's motion which was to dismiss the first cause of action insofar as asserted against it 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, and the first cause of action is dismissed insofar as asserted against the appellant.
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