Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants' motion which was to dismiss the second cause of action asserted in the complaint, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
We find that the instant action is not barred by virtue of the plaintiff Purnavel's proceeding in Small Claims Court on...
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