Order unanimously modified so as to grant leave to plaintiff to replead and, as so modified, affirmed.
Accordingly, the judgment appealed from is vacated. Plaintiff fails to set forth facts in his complaint essential to bring this case within the holding of Lawrence v. Fox (20 N.Y. 268). If plaintiff desires to avail himself of the right to replead, he should predicate his complaint on statements of fact rather than conclusions of law. If plaintiff relies on...
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