Order modified by deleting from the fourth paragraph thereof the words "in all respects" and substituting therefor the words, "to the following extent and is otherwise denied" and by deleting from the second decretal paragraph thereof all words following the word "STRICKEN" and substituting therefor the words: "only insofar as it alleges assumption of risk." As so modified, order affirmed, with $50 costs and disbursements to the defendant.
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