Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendant's motion which were, in effect, pursuant to CPLR 3211(a) to dismiss the first, third, fourth, and fifth causes of action, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed, with costs payable by the defendant to the plaintiff.
In 2005, the plaintiff entered into a contract with the...
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