Ordered that the order is modified, on the law and the facts, by deleting the provisions thereof granting those branches of the defendant's motion which were for partial summary judgment dismissing so much of (1) the first cause of action alleging diversion of corporate assets, (2) the third cause of action alleging misappropriation of corporate assets, and (3) the fifth cause of action alleging breach of fiduciary duty, as were based upon acts which occurred within six years...
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