Order granting defendant's motion reversed, without costs, and motion denied, with costs. Order denying plaintiff's motion modified by striking out of the ordering paragraph thereof the words "denied in all respects with $10.00 costs," and by inserting in lieu thereof the following "granted to the extent of striking from the judgment the first and third ordering paragraphs thereof, and the motion is otherwise denied, without costs." As so modified, the order is affirmed,...
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