Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, the order is vacated, the defendants' motion to dismiss the complaint is granted, the plaintiff's motion to conform the pleadings to the proof is denied, and the complaint is dismissed; and it is further,
Ordered that the judgment is affirmed insofar as cross-appealed from; and it is further,
Ordered that...
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