Order modified on the facts and in the exercise of discretion: (1) by deleting the third and fourth ordering paragraphs; and (2) by substituting therefor a new decretal paragraph providing for dismissal of Action No. 2, with costs; and, as so modified, the order, insofar as appealed from by the respective parties, is affirmed, without costs.
While we agree that the service of the summons in Action No. 2 was valid, it is our opinion that that action should have been...
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