Ordered that the order dated October 25, 2010, is modified, on the law, by deleting the provision thereof which, upon reargument, adhered to the original determination in the order entered August 5, 2010, granting those branches of the defendants' motion which were pursuant to CPLR 3211 (a) (1) and (7) to dismiss the second and third causes of action and substituting therefor provisions, upon reargument, vacating the determination granting those branches of the defendants...
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