Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendant's motion which were for summary judgment dismissing the causes of action alleging ordinary negligence, breach of contract, breach of warranty, and fraud, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.
In 2001 the plaintiff entered into a contract...
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