*796Contrary to the plaintiff’s contention, the Supreme Court properly granted that branch of the motion of the defendants Kevin Werner and Long, Tuminello, Besso, Seligman, Werner & Sullivan, LLR which was, in effect, pursuant to CPLR 3211 (a) (1) to dismiss the third and fourth causes of action.
The plaintiff’s remaining contentions are without merit. Angiolillo, J.P, Hall, Cohen and Miller, JJ, concur.