Ordered that the order is modified, on the law, (1) by deleting the provision thereof deeming the defendant's motion to be one for summary judgment and, in effect, converting the defendant's motion pursuant to CPLR 3211 (a) to dismiss the complaint into a motion for summary judgment dismissing the amended complaint, and (2) by deleting the provision thereof granting that branch of the defendant's motion which was to dismiss the cause of action in the amended complaint pursuant...
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