Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion which was to dismiss the second cause of action and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof granting relief on the second cause of action and substituting therefor a provision denying that relief; as so modified, the order is affirmed, with one bill of costs to the appellant.
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