Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting the plaintiff's motion for a preliminary injunction and substituting therefor a provision denying that motion, and (2) deleting the provision thereof which denied the defendant's cross motion to dismiss the complaint and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the...
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