Ordered that the order is modified, on the law, (1) by deleting the provisions thereof granting those branches of the cross motion of the defendant Xiaojie Zhao which were for summary judgment dismissing the third and fifth causes of action insofar as asserted against him, and substituting therefor a provision denying those branches of the cross motion, and (2) by deleting the provision thereof granting the branch of the cross motion of the defendant Xiaojie Zhao which was...
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