Ordered that the order and judgment is modified, on the law, by deleting from the decretal paragraph thereof the words "the defendants' cross-motion is granted; the plaintiff's motions are denied as moot, and plaintiff's complaint is dismissed in its entirety with prejudice," and substituting therefor the words "those branches of the cross motion of the defendant Elena Duke Benedict which were to dismiss the third and fourth causes of action insofar as asserted against her...
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