Order, Supreme Court, New York County (Judith J. Gische, J.), entered April 17, 2012, which, insofar as appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint and granted plaintiffs' cross motion for leave to serve an amended complaint, unanimously modified, on the law, to grant defendant's motion to the extent of dismissing the amended complaint's first cause of action, and otherwise affirmed, without costs.
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