Order entered July 31, 1961, so far as appealed from, unanimously modified, on the law, to strike the first decretal paragraph therefrom and in lieu thereof to provide that the first cause of action stated in the complaint be dismissed and to direct that the third and fifth causes of action therein stated be repleaded within 20 days or stand dismissed; and the order is otherwise affirmed, with $20 costs and disbursements to defendants-appellants.
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