Order modified, on the law, by deleting therefrom the provision which denied the branch of the motion which sought to dismiss the complaint, and by substituting therefor a provision granting the said branch of the motion, with leave to the plaintiff to serve an amended complaint, if he be so advised, within 20 days after service upon his attorney of a copy of the order to be entered hereon, together with notice of entry thereof. As so modified, order affirmed insofar as appealed...
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