Judgment modified on the law (1) by inserting in the fourth decretal paragraph dismissing the fifth cause of action after the word "complaint", the words "insofar as equitable relief is demanded, and remitting the matter to Special Term for the ascertainment of damages"; and (2) by striking from the fifth decretal paragraph everything which follows the word "Action" and by substituting therefor a provision that plaintiff be granted judgment declaring that plots 135, 136,...
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