Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendant's cross motion which was pursuant to CPLR 3211 (a) to dismiss the cause of action alleging conversion, and substituting therefor a provision denying that branch of the cross motion, and (2) by deleting the provision thereof granting that branch of the defendant's cross motion which was pursuant to CPLR 3211 (a) to dismiss so much of the second cause...
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