Order modified, on the law, by adding to the decretal paragraph thereof the following: "except that defendant Fortgang's motion to dismiss the second cause of action for failure to state a cause of action is granted, with leave to plaintiff, if so advised, to replead the second cause of action." As so modified, order affirmed, without costs.
The time within which such amended complaint may be served is extended until 20 days after service of the order entered hereon...
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