It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying the motion in part and reinstating the first cause of action, and the third cause of action to the extent that it is asserted on behalf of plaintiff itself, and as modified the order and judgment is affirmed without costs.
Same memorandum as in Nick's Garage, Inc. v Geico Indem. Co. ([appeal No. 1]
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