Order modified, on the law, by deleting the provision which denies dismissal of the second cause of action against appellant, based upon the violation of plaintiff's civil rights, and substituting a provision dismissing that cause of action for failure to state a legally sufficient claim against appellant under section 1983 of title 42 of the United States Code. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
The plaintiff...
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