Order denying defendant's motion addressed to the complaint modified by striking from the ordering paragraph the words "in all respects denied", and by substituting in lieu thereof the following: "granted to the extent that the second cause of action is dismissed and struck out under rules 90 and 103 of the Rules of Civil Practice, with leave to plaintiff to serve an amended complaint within ten days after the making of this order, and otherwise denied." As so modified, said...
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