Ordered that judgment is modified, on the law, by deleting the provision thereof dismissing the petition and substituting therefor a provision granting the petition with respect to the second cause of action and dismissing the petition as premature with respect to the other causes of action; as so modified, the judgment is affirmed, without costs or disbursements, the second cause of action is reinstated, the motion is denied, that branch of the cross motion which was for...
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