The order of May 1, 1950, is modified on the law and the facts by inserting after the word "dismissed", in the first ordering paragraph, the words "with leave to serve an amended complaint." As so modified, the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to plaintiff.
The amended complaint shall be served within ten days from the entry of the order hereon. It was an improvident exercise of discretion to deny plaintiff an opportunity...
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