Ordered that the order dated January 7, 2014, is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provisions thereof denying those branches of the plaintiff's motion which were to vacate so much of the order dated June 21, 2012, as granted those branches of the defendants' motion which were pursuant to CPLR 3211 (a) to dismiss the third and fourth causes of action, and substituting therefor a provision granting those branches of the plaintiff...
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