Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, granting those branches of the defendants' motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (3) and Business Corporation Law § 1312 (a) and for summary judgment dismissing so much of the complaint as sought to recover damages based on unjust enrichment and in quantum meruit, and substituting therefor a provision denying those branches of the motion; as so...
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