Ordered that the order is reversed, on the law, with costs, and the motion of the defendants United Capital Corp., Anthony J. Miceli, and Michael T. Lamoretti, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them is denied.
"On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must
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