Order modified on the law by striking therefrom all of paragraph 2 and all of paragraph 4, except the items (5) and (6) under (c), and as so modified affirmed, without costs of this appeal to either party.
Memorandum:
The complaint alleges a cause of action for waste. In such an action he cannot recover damages for loss of reputation of his theatre building, loss of goodwill or other intangibles. It follows that he may not, in this action, examine defendant...
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