Ordered that the order is modified, on the law, by deleting the provision thereof which denied those branches of the defendant's motion which were to dismiss those parts of the complaint that asserted claims for damages against him and for attorney's fees, and substituting therefor a provision granting those branches of his motion; and, as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court correctly concluded...
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