Order and judgment modified by striking from the first ordering paragraph of the order and from the first decretal paragraph of the judgment everything between "a new action" and "and it is" and order further modified by striking from the second ordering paragraph everything between "by the plaintiff" and "and it is." As so modified, order, insofar as appealed from, and judgment unanimously affirmed, with $10 costs and disbursements to appellant.
While it would seem...
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