Ordered that the appeal from so much of the order as denied the plaintiff's cross motion for leave to amend the complaint is dismissed, without costs or disbursements; and it is further,
Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was for summary judgment dismissing the third cause of action and substituting therefor a provision denying that branch of the motion; as so modified...
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