Ordered that the order and judgment is modified, on the law, by (1) deleting so much of the first decretal paragraph thereof as denied the plaintiff's cross motion for leave to amend his verified bill of particulars and substituting therefor a provision granting the plaintiff's cross motion, and (2) deleting so much of the second decretal paragraph thereof as granted that branch of the defendants' cross motion which was for summary judgment dismissing so much of the complaint...
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