OPINION OF THE COURT
ANTHONY F. SHAHEEN, J.
Defendants move to dismiss the first, second, third, fourth, fifth, and sixth causes of action alleged in the amended complaint for failure to state a cause of action and, in the alternative, for summary judgment dismissing those causes of action. Defendants' motion was served prior to service of an answer pursuant to CPLR 3211 (a) (7). The alternative request for summary judgment merely references the transcript...
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