Ordered that the order is modified, by deleting the provisions thereof which denied those branches of the cross motion which were to dismiss the second, third and fourth causes of action asserted in the complaint and substituting therefor provisions granting those branches of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Under the circumstances of this case, the trial court did not abuse its discretion...
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