Order affirmed, without costs. Judgment modified, on the law and the facts, by (1) striking from the eight decretal paragraph the words "without prejudice with leave to the defendant to institute a plenary action for such relief and PENDING the determination of said action" and by substituting therefor the words "on the merits, and"; and (2) striking from the ninth decretal paragraph the words "denied in all respects" and by substituting therefor the words "granted to the...
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