Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the cross motion of the defendants Anna Kitsis and L'Esperanza, Inc., which were pursuant to CPLR 3211 (a) (7) to dismiss the second cause of action alleging constructive fraud insofar as asserted against them and to dismiss so much of the sixth and seventh causes of action as allege unjust enrichment insofar as asserted against the defendant Anna Kitsis, and substituting...
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