Appeal from order entered January 28, 1965 dismissed, without costs; that order was superseded by the later order of May 12, 1965 granting reargument. Order of May 12, 1965 modified by: (1) striking out the decretal paragraph granting leave to serve an amended complaint based on the contract, as partially executed; and (2) by substituting therefor a paragraph sustaining the third cause of action as pleaded in the amended complaint, based on recovery of the balance of the...
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