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KATHLEEN GUIDO, res, v. ORANGE REGIONAL MEDICAL CENTER, ap

KATHLEEN GUIDO, res, v. ORANGE REGIONAL MEDICAL CENTER, ap — (INDEX NO. 13123/10)In an action to recover damages for fraudulent inducement and breach of contract, the defendant appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated July 7, 2011, which denied its motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint.

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KATHLEEN GUIDO, res, v. ORANGE REGIONAL MEDICAL CENTER, ap — (INDEX NO. 13123/10)In an action to recover damages for fraudulent inducement and breach of contract, the defendant appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated July 7, 2011, which denied its motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint.

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the defendant’s motion which was pursuant to CPLR 3211(a)(1) to dismiss the first cause of action, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof denying that branch of the defendant’s motion which was pursuant to CPLR 3211(a)(7) to dismiss the plaintiff’s demand for punitive damages insofar as it relates to the second cause of action, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

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