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Motion for reargument of the appeal is granted in part and, upon reargument, the memorandum and order entered June 29, 2012 (96 AD3d 1678) is amended by deleting the phrase "dismissing the amended complaint" from the second sentence of the order and the second sentence of the third paragraph of the memorandum, and by deleting the phrase "the amended complaint is dismissed" from the ordering paragraph and substituting in place thereof "the first and second causes of action of the amended complaint are dismissed"; and the motion insofar as it sought in the alternative leave to appeal to the Court of Appeals is denied. Present—Scudder, P.J., Smith, Fahey, Lindley and Martoche, JJ.