In an action, inter alia, to recover damages for fraud and a violation of General Business Law § 349, the defendant appeals from so much of an order of the Supreme Court, Kings County (Velasquez, J.), dated November 7, 2012, as granted that branch of the plaintiff's motion which was pursuant to CPLR 5015 (a) (1) to vacate an order of the same court dated July 18, 2012, granting the defendant's motion pursuant to CPLR 3211 (a) (7) and 3016 (b) to dismiss the first, second...
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