Ordered that the order is modified, on the law, (1) by deleting the provisions thereof granting those branches of the defendant's motion which were pursuant to CPLR 3211(a) to dismiss the first and second causes of action, and substituting therefor provisions denying those branches of the defendant's motion, and (2) by deleting the provision thereof granting that branch of the defendant's motion which was pursuant to CPLR 3211(a) to dismiss so much of the third cause of action...
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