Ordered that the order is modified, on the law, by deleting the provision thereof dismissing the second and third causes of action; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff, and the second and third causes of action are reinstated.
"[A] motion for a temporary injunction opens the record and gives the court authority to pass upon the sufficiency of the underlying pleading" (Guggenheimer v Ginzburg,
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