Order of September 1, 1955, insofar as appealed from, reversed, with $10 costs and disbursements, and motion granted to the extent of dismissing plaintiff's complaint, with leave to plaintiff to serve an amended complaint within twenty days after the entry of the order hereon, upon payment of said costs and disbursements. Order of October 3, 1955, insofar as appealed from, reversed, without costs, and motion granted to the extent of dismissing the cross complaint of defendant...
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