Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion which were pursuant to CPLR 3211 (a) (1) and (7) to dismiss the causes of action sounding in negligence and fraud, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, with costs to the respondent.
The plaintiff homeowner alleges that when she was unable to make her mortgage payments and...
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