Order modified by striking therefrom the provision which denied appellant the right to replead and by substituting therefor a provision granting appellant leave to serve a second amended complaint, if it be so advised. As so modified, order unanimously affirmed, with $50 costs and disbursements to respondent. The second amended complaint is to be served within 10 days after entry of the order hereon upon payment of the costs and disbursements of this appeal.
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