Ordered that the order in Action No. 1 is affirmed; and it is further,
Ordered that the order in Action No. 2 is modified by deleting the provision thereof which granted the motion to dismiss the action bearing Index No. 17816/97 and substituting therefor a provision denying that motion; as so modified, the order is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Determinative of this appeal is whether Action No...
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