Order insofar as it grants the motion to dismiss under subdivision 4 of rule 106 of the Rules of Civil Practice and judgment based thereon, unanimously reversed and motion denied, without costs, without prejudice to the right to renew in accordance with the memorandum; order insofar as it denies plaintiff's motion for an examination of defendants before trial unanimously affirmed, without prejudice to renew in accordance with the memorandum, without costs of this appeal to...
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