Order modified in accordance with the memorandum and as modified affirmed, with $10 costs and disbursements to the respondent.
Memorandum:
We agree with the decision of the Special Term denying defendants' motion to dismiss the amended complaint under rule 106 of the Rules of Civil Practice. We do not, however, agree with the statement made by the court in its memorandum that the sufficiency of the amended complaint had been previously sustained by another...
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