Order modified by striking therefrom the ordering paragraphs and by substituting therefor the following: "Ordered that the motion of the defendant Statler Manufacturing Corp. be and the same hereby is granted to the extent of dismissing the first cause of action pleaded in the complaint as against it, pursuant to subdivision 4 of Rule 106 of the Rules of Civil Practice, with leave to plaintiff, if so advised, to serve an amended complaint." As so modified, order unanimously...
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