Appellate Division of the Supreme Court of New York, 1961

Miltenberg & Samton, Inc. v. Winkler Credit Corp.

Miltenberg & Samton, Inc. v. Winkler Credit Corp.
Appellate Division of the Supreme Court of New York · Decided February 23, 1961
12 A.D.2d 921; 212 N.Y.S.2d 999; 1961 N.Y. App. Div. LEXIS 12460
Miltenberg & Samton, Inc. v. Winkler Credit Corp.

Opinion of the Court

Order entered on September 29, 1960, granting defendant’s motion to dismiss the second amended complaint, pursuant to rule 106 of the Rules of Civil Practice, unanimously affirmed, with $20 costs and disbursements to the respondent. The plaintiff may, if it be so advised, serve a further amended complaint not inconsistent with the opinion of the court at Special Term, within 10 days after the service upon its attorneys of a copy of the order entered herein, with notice of entry thereof, upon payment of the said costs and disbursements. No opinion. Concur — Botein, P. J., Breitel, McNally, Stevens and Steuer, JJ.

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