Ordered that the order is modified, on the law, (1) by deleting the provisions thereof granting those branches of the defendants' motion which were pursuant to CPLR 3211 (a) (5) to dismiss the third cause of action to recover damages for legal malpractice and for summary judgment dismissing that cause of action and substituting therefor provisions denying those branches of the motion and (2) by deleting the provisions thereof granting those branches of the defendants' motion...
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