Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendant's motion which were to dismiss the second and fourth causes of action and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
A motion to dismiss pursuant to CPLR 3211 (a) (7) will fail if, taking all facts alleged as true and according...
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