Order, entered on October 21, 1960, dismissing the complaint, unanimously modified on the law, on the facts and in the exercise of discretion, to delete the direction to enter judgment and to provide that plaintiff-appellant shall have leave to serve an amended complaint within 20 days after service of order hereon with notice of entry; the judgment entered on such order is vacated; and the order is otherwise affirmed, with $20 costs and disbursements to the respondent.<...
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