Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the complaint in its entirety and substituting therefor a provision dismissing only the second cause of action; as so modified, the judgment is affirmed, that branch of the defendants' cross motion which was for summary judgment dismissing the first cause of action is denied, and the order is modified...
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