Ordered that the order dated February 25, 2008 is reversed insofar as appealed from, on the law, and those branches of the defendants' motion which were for summary judgment dismissing the first, second, fourth, fifth, and sixth causes of action are granted; and it is further,
Ordered that the order dated February 25, 2008 is affirmed insofar as cross-appealed from; and it is further,
Ordered that the appeal from the order dated November 10, 2008 is dismissed...
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