Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was pursuant to CPLR 3211 (a) to dismiss the third cause of action, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiff.
The Supreme Court properly granted those branches of the defendant's motion which were pursuant to CPLR 3211 (a) to dismiss...
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