Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered December 17, 2010, which denied defendant's second motion for summary judgment dismissing the complaint, unanimously modified, on the law, to dismiss so much of the complaint as is based on defendant's alleged conspiracy with Daniel Lee, and otherwise affirmed, without costs.
"As a general rule, parties will not be permitted to make successive fragmentary attacks upon a cause of action but must...
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