Order, entered May 4, 1959, as denies defendant's motion to dismiss the first cause of action in the complaint, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion to dismiss the first cause of action in the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, granted, with $10 costs, with leave, however, in the exercise of discretion, to plaintiffs to serve an amended complaint within 20 days after...
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