Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,
Ordered that the order and judgment is modified, on the law, the facts, and as a matter of discretion by (1) deleting the provision thereof granting those branches of the defendants' motion which were to dismiss the first and second causes of action and substituting therefor a provision denying those branches of the motion, (2) deleting the provision thereof denying...
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