McGIVERN, J.
Irving M. Berry for defendants. John J. Sullivan for plaintiff. McGIVERN, J. The defendants move to vacate a warrant of attachment upon the ground that the complaint contains two causes of action, to one of which the provisional remedy of attachment is not appropriate. and under the authority of Lewis (supra) the attachment may stand if the plaintiff will eliminate the second cause of action. Accordingly, the motion to vacate the warrant of attachment is granted unless within five days from the date of this memorandum the plaintiff files a consent to the elimination of the second count of the complaint and to the deletion from the complaint of paragraphs nine to eleven, inclusive, and that the second count be deemed discontinued without prejudice to the institution of a separate action in conversion after the conclusion of the present action. If such a consent is not filed in the office of the clerk of this court within the time above prescribed, an order may be submitted on notice vacating the warrant of attachment. If the consent is filed in due and proper form, an order may be submitted on notice denying the application to vacate the warrant of attachment.