Appellate Division of the Supreme Court of New York, 1967

Bondy v. Bondy

Bondy v. Bondy
Appellate Division of the Supreme Court of New York · Decided April 3, 1967
27 A.D.2d 930; 278 N.Y.S.2d 578; 1967 N.Y. App. Div. LEXIS 4506
Bondy v. Bondy

Opinion of the Court

Order of the Supreme Court, Westchester County, dated October 13, 1966, affirmed, with $10 costs and disbursements. The defendant’s time to answer is extended until 20 days after entry of the order hereon. Since the motion to dismiss the amended complaint was addressed to the entire complaint, and since the Special Term correctly held the third cause of action sufficient, the motion was properly denied in its entirety (Altman v. Altman, 15 A D 2d 546; Advance Music Corp. v. American Tobacco Co., 296 N. Y. 79, 84; Stoehrer v. Sattler, 18 A D 2d 683). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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