Judgment modified, on the law, (1) by deleting the second decretal paragraph thereof and substituting therefor, a provision granting dismissal of the plaintiffs' fifth cause of action for failure to state a cause of action, and (2) by adding thereto a provision severing the first, second, third and fifth causes of action from the remaining causes of action. As so modified, judgment affirmed, insofar as appealed from, without costs or disbursements.
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