Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion pursuant to CPLR 3211 (a) (5) which were to dismiss the first and second causes of action, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in granting the plaintiff's cross motion for leave to serve...
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