Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendants' motion which were to dismiss the first, second, third, fourth, fifth, and sixth causes of action, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.
On November 28, 2005 the plaintiff Selinger Enterprises, Inc. (hereinafter Selinger) entered into...
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