Ordered that judgment is modified, on the law, by deleting the provisions dismissing so much of the first and second causes of action as were to recover compensatory damages and by deleting the provision dismissing the third cause of action; as so modified, the judgment is affirmed insofar as appealed from, those branches of the defendants' motion which were pursuant to CPLR 4401 to dismiss so much of the first and second causes of action as were to recover compensatory damages...
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