Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provision thereof, in effect, dismissing the third cause of action in the amended complaint, and substituting therefor a provision granting the relief sought in that cause of action; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Kings County, for the entry of an amended judgment...
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