Appellate Division of the Supreme Court of New York, 1954

West 72nd Street Realty Corp. v. Yeshiva Chofetz Chaim of Radun Rabbinical Institute, Inc.

West 72nd Street Realty Corp. v. Yeshiva Chofetz Chaim of Radun Rabbinical Institute, Inc.
Appellate Division of the Supreme Court of New York · Decided November 30, 1954
284 A.D. 962; 136 N.Y.S.2d 361; 1954 N.Y. App. Div. LEXIS 4242
West 72nd Street Realty Corp. v. Yeshiva Chofetz Chaim of Radun Rabbinical Institute, Inc.

Opinion of the Court

Order unanimously modified by reversing that part thereof which dismisses the complaint upon the merits and severs defendant’s counterclaim.. Plaintiff is granted leave to amend its complaint to plead a cause of action for damages. Judgment unanimously reversed and the order, as so modified, affirmed, without costs. Settle order on notice. Present — Dore, J. P., Callahan, Bastow, Botein and Bergan, JJ. [205 Misc. 124.] [See 285 App. Div. 806.]

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