Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion which were to dismiss the fourth cause of action pursuant to CPLR 3211 (a) (1), and the third, fifth, and seventh causes of action pursuant to CPLR 3211 (a) (7), and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
In August 2005...
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