The order appealed from is modified, by denying. the motion to strike out the portion directed by said order to be stricken out in paragraphs fifth and sixth of the complaint, and, as so modified, affirmed, without costs.
The order appealed from is modified, by denying. the motion to strike out the portion directed by said order to be stricken out in paragraphs fifth and sixth of the complaint, and, as so modified, affirmed, without costs.