Ordered that the order and judgment dated June 1, 1989, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the judgment dated May 15, 1989, is modified, on the law and the facts and as a matter of discretion, (1) by deleting the provision thereof which granted a new trial on the plaintiff's seventh, eighth, ninth, and tenth causes of action and substituting therefor a provision dismissing those causes of action, ...
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