Accordingly, the order of the Supreme Court, New York County (Eileen A. Rakower, J.), entered July 27, 2011, which, insofar as appealed from, denied defendants the Dakota, Inc., Bruce Barnes, and Peter Nitze's motion to dismiss the first, second and fifth through eleventh causes of action as against the Dakota, the first and sixth through eleventh causes of action as against Barnes in his individual capacity, and the first and fifth causes of action as against Nitze in his individual capacity, should be modified, on the law, to dismiss the first cause of action as against the Dakota, with prejudice, and as against Barnes and Nitze, without prejudice; the second cause of action as against the Dakota, with prejudice; so much of the fifth cause of action as is based on statements made in defendants'{**99 AD3d at 57} affidavits, with prejudice; so much of the seventh and ninth causes of action as are based on plaintiffs' conduct with respect to the African-American shareholder who wanted to renovate her apartment as against The Dakota, without prejudice; and the seventh, ninth and eleventh causes of action as against Barnes, without prejudice, and otherwise affirmed, without costs.
Mazzarelli, J.P., Saxe, Catterson and Román, JJ., concur.