Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion of the third-party defendants O'Connor, McGuinness, Conte, Doyle & Oleson and William Watson which were pursuant to CPLR 3211 (a) (1) and (7) to dismiss the second through fifth causes of action, so much of the ninth cause of action as alleged breach of fiduciary duty, and the eleventh and twelfth causes of action of the third-party complaint insofar...
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