Appellate Division of the Supreme Court of New York, 1939

Orley v. Shewan

Orley v. Shewan
Appellate Division of the Supreme Court of New York · Decided October 20, 1939
258 A.D. 719; 15 N.Y.S.2d 133; 1939 N.Y. App. Div. LEXIS 6595
Orley v. Shewan

Opinion of the Court

Order, so far as appealed from, unanimously affirmed, with twenty dollars costs and disbursements. However, since the granting of the motion for judgment on the pleadings as to paragraph “ 1 ” of the complaint requires an amendment of the complaint, plaintiff is allowed ten days after service of a copy of the order to be entered hereon, with notice of entry thereof, within which to serve an amended complaint. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., Glennon, Hntermyer, Dore and Cohn, JJ.

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