Order modified (1) by striking therefrom the first and second ordering paragraphs and by substituting therefor a provision that the motion for summary judgment be denied in all respects, and (2) by striking from the third ordering paragraph the word "denied" and by substituting therefor the words and figure "granted, with $10 costs." As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellant, payable by plaintiff-respondents...
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