Ordered that the order is modified, on the law, (1) by deleting the provisions thereof granting those branches of the defendants' converted motions which were for summary judgment dismissing the first, second, third, fifth, sixth, and seventh causes of action insofar as asserted against each of them and substituting therefor provisions denying those branches of the motions, and (2) by deleting the provision thereof denying, as academic, that branch of the plaintiff's cross...
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