The first order is modified on the facts and in the exercise of discretion, as follows: (1) by striking out its first decretal paragraph which granted unconditionally the motion of the defendant Sedley to dismiss the second amended complaint against him; and (2) by substituting therefor a provision denying said motion on condition that plaintiff shall notice the action for trial at the February 1963 Court Term. As so modified, the first order, insofar as appealed from, is...
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