Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants' motion pursuant to CPLR 3211 (a) (7) which were to dismiss the first and ninth causes of action and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.
In considering a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court must "`accept...
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