Order modified, on the law, by (1) deleting therefrom the provision which granted the cross motion to the extent of directing the plaintiff to serve an amended complaint joining his wife and substituting therefor a provision denying the cross motion, and (2) deleting the provision which denied plaintiff's motion in its entirety and substituting therefor a provision granting the motion as to the first defense and otherwise denying the motion. As so modified, order affirmed...
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