Ordered that the order entered May 17, 2007 is reversed insofar as appealed from, on the law, with costs, and, upon reargument, so much of the order dated January 10, 2007, as granted that branch of the defendants' motion pursuant to CPLR 3211 (a) (1) and (7) which was to dismiss the first cause of action is vacated and that branch of the motion is denied.
In considering a motion to dismiss pursuant to CPLR 3211 (a) (7), the court should accept the facts alleged in...
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