Order modified as follows: (1) by striking out its two decretal paragraphs; (2) by substituting one paragraph granting defendant's motion as to the first cause of action and dismissing such cause of action, with leave to the plaintiff, however, if so advised, to serve an amended complaint as to such first cause of action; and (3) by substituting another paragraph denying the defendant's motion as to the second cause of action. As so modified, the order is affirmed, without...
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