Order modified on the law by striking out the ordering paragraphs and substituting therefor a provision that the motion is denied as to the first cause of action and granted as to the second cause of action, with leave to respondent to serve an amended complaint within fifteen days from the entry of the order hereon, if so advised. As so modified, the order is affirmed, without costs.
Appellant's time to answer the present complaint is extended until twenty days after...
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