Ordered that the order dated February 1, 2012, is modified, on the law, by deleting the provision thereof, in effect, upon reargument, adhering to so much of the original determination in the order dated September 8, 2011, as granted that branch of the defendants' renewed motion which was, in effect, pursuant to CPLR 3211(a)(7) to dismiss the fifth cause of action, and substituting therefor a provision vacating that portion of the original determination and, thereupon, denying...
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