Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the third cause of action for failure to state a cause of action, and substituting therefor a provision granting that branch of the motion to the extent of dismissing the third cause of action with leave to replead; as so modified, the order is affirmed, without costs or disbursements.
Contrary to their contention on appeal, the...
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