Ordered that the order is modified, on the law and as a matter of discretion, by (1) deleting the provision thereof granting those branches of the cross motion which were for leave to serve an amended answer and for summary judgment dismissing the complaint insofar as asserted against the defendant F & O Port Corp., and substituting therefor a provision denying those branches of the cross motion, and (2) deleting the provision thereof, in effect, denying the plaintiff...
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