KAVANAGH, J.
In October 2007, plaintiffs commenced this action against defendants, alleging, among other things, breach of contract, negligence and fraud stemming from a contract agreed to by the parties for the purchase of a modular home. After plaintiffs initially amended this complaint in November 2007 and again in April 2008, defendants moved to dismiss it on the ground that it failed to state a cause of action (see CPLR 3211 [a] [7]). While this motion...
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