Interlocutory judgment modified on the law and the facts as follows: (1) by striking out all the decretal paragraphs except the last; (2) by substituting therefor one decretal paragraph directing that the amended complaint and both causes of action therein be dismissed; and (3) by substituting another decretal paragraph directing that the counterclaim of defendant Donnelly be determined upon application. As thus modified, the interlocutory judgment is affirmed, without costs...
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