Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Hui Fat Company which was pursuant to CPLR 3211 (a) (1) to dismiss the second cause of action insofar as asserted against it and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, so much of the order as denied, as academic, that...
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