Ordered that the order is reversed insofar as appealed from, on the law, and those branches of the defendants' motion which were pursuant to CPLR 3211 (a) (7) to dismiss the fifth and sixth causes of action are granted, and the complaint is dismissed with prejudice; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from; and it is further,
Ordered that one bill of costs is awarded to the defendants.
In previous litigation...
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