Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Zvi Gluck which was to dismiss the first cause of action, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiffs.
On a motion to dismiss pursuant to CPLR 3211 (a) (7) for failure to state a cause of aciton...
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