Ordered that the cross appeal is dismissed; and it is further,
Ordered that the order is modified, on the law and as a matter of discretion, by deleting therefrom the provision denying that branch of the defendant's motion which was to dismiss the third cause of action for failure to state a cause of action, and substituting therefor a provision granting that branch of the motion, and by adding thereto provisions directing that the estate of Helen McLaughlin and the...
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