Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion which were to dismiss the third, fourth, ninth, and twelfth causes of action, and substituting therefor provisions granting those branches of the motion which were to dismiss the third, fourth, and twelfth causes of action, and granting that branch of the motion which was to dismiss the ninth cause of action only to the extent that it was predicated on facts...
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