Ordered that the order dated March 1, 2005 is modified, on the law and facts, by (1) deleting the provisions thereof granting those branches of the defendant's motion which were to dismiss the third, fourth, and seventh causes of action, and substituting therefor a provision denying those branches of the defendant's motion, and (2) deleting the provision thereof denying the plaintiffs' cross motion for leave to amend the complaint by adding eighth and ninth causes of action...
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