Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant's motion which were, in effect, pursuant to CPLR 3211(a)(1) and (7) to dismiss so much of the complaint as alleged breach of contract based upon the defendant's alleged improper retention of monies in excess of the applicable daily lease rate as set forth in the parties' lease agreements and based upon alleged violations of certain provisions of the parties...
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