Ordered that the order is modified, on the law and the facts, (1) by deleting the provision thereof granting those branches of the motion of the defendants Encompass Insurance Company of America and Encompass Insurance Company which were pursuant to CPLR 3211 (a) (7) to dismiss the third cause of action, which sought damages for an alleged violation of General Business Law § 349, the first cause of action to the extent it sought damages for alleged violations of Insurance...
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