Order entered on September 22, 1961, denying defendant's motion to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice, unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and the complaint dismissed, with leave to plaintiff to serve an amended complaint, if advised and able so to do, that will comply with the provisions of the permission heretofore granted by this...
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