Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Merrill Lynch, Pierce, Fenner & Smith, Inc., which was for summary judgment dismissing the cause of action alleging breach of contract insofar as asserted against it is denied.
The Supreme Court erred in granting that branch of the motion of the defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter Merrill Lynch)...
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