Order modified, on the law, (1) by deleting from the first decretal paragraph all language after the word "granted" and substituting the following: "as to the third cause of action and is otherwise denied", and (2) by adding to the second decretal paragraph, after the word "defendant", the following: "as to the third cause of action." As so modified, order affirmed, with $50 costs and disbursements to the plaintiff, and the first and second causes of action are reinstated...
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