Order granting plaintiff's motion for leave to amend the complaint and for summary judgment, unanimously modified, on the law and the facts, to the extent of deleting the decretal provisions other than those granting leave to amend the complaint in the form annexed to said order, dispensing with service of the amended complaint, and preserving the calendar status of the action, and the judgment entered pursuant to said order vacated, with $50 costs and disbursements to abide...
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