Order modified so as to provide for striking out the third cause of action alleged in the complaint, and as so modified affirmed, without costs of this appeal to either party. All concur; Edgcomb, J., not sitting.
Order modified so as to provide for striking out the third cause of action alleged in the complaint, and as so modified affirmed, without costs of this appeal to either party. All concur; Edgcomb, J., not sitting.