Ordered that the order is modified by deleting the provision thereof denying that branch of the defendant's motion which was to dismiss the fourth cause of action and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiff.
Contrary to the defendant's contention, the Supreme Court did not err in denying those branches of the motion which were to dismiss the first, second, and third causes...
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