Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party.
Memorandum:
The only motion before the court was addressed to the face of the complaint under rule 106 of the Rules of Civil Practice. However, in the first ordering paragraph of the order appealed from, the court directed respondent's attorneys to deliver a copy of the notice of claim to the attorney for the defendant-appellant...
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