Order modified, on the law, by (1) deleting the provision thereof which granted that branch of the plaintiff's cross motion which was to amend his complaint to add a fourth cause of action and substituting therefor a provision denying that branch of the cross motion, and (2) adding a provision that the denial of the appellant's motion to dismiss the complaint insofar as it is asserted against it is with leave to renew. As so modified, order affirmed insofar as appealed from...
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