Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion of the defendant Bank of America, N.A., which were pursuant to CPLR 3211 (a) (7) to dismiss the first, second, and third causes of action alleging a violation of General Business Law § 349, common-law fraud, and aiding and abetting fraud, respectively, insofar as asserted against it, and substituting therefor a provision granting those branches of the...
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