Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is modified, on the law, by deleting the provisions thereof denying, in effect, as academic, those branches of the respondents' motions which were for summary judgment dismissing the first cause of action and directing dismissal of the first cause of action...
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