Order modified by striking therefrom the first, second, third and fourth ordering paragraphs and by substituting therefor provisions that the motion be granted as to the first, second and third causes of action, and that said motion be denied as to the fourth and fifth causes of action. As so modified, order insofar as appealed from affirmed, without costs.
The first cause of action, as pleaded against the partnership, states no different cause of action than that...
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