Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was to dismiss the second cause of action and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
Contrary to the plaintiff's contention, the Supreme Court correctly granted that branch of the defendant's motion which was to dismiss his first cause...
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