Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the defendant's motion which were pursuant to CPLR 3211 (a) (7) to dismiss the second and third causes of action for failure to state a cause of action are granted, and those branches of the motion which were pursuant to CPLR 3212 for summary judgment dismissing those causes of action are denied as academic.
The Supreme Court erred in denying that branch of the defendant...
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