Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion and substituting therefor a provision granting those branches of the motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) and denying as academic those branches of the motion which were to dismiss the complaint pursuant to CPLR 3211 (g) and for summary judgment pursuant to CPLR 3211 (c); as so modified, the order is affirmed, with costs to the defendants...
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