GARTRELL v. JENNINGS


283 A.D. 879 (1954)

Edwin M. Gartrell, Doing Business as Dixie Realty, Respondent, v. Eugene J. Jennings et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 12, 1954.


Order, insofar as appealed from, modified by striking from the ordering paragraph the words "in all respects denied", and by substituting in lieu thereof the following: "granted to the extent that the complaint is dismissed, with leave to serve an amended complaint, and otherwise denied." As so modified, order affirmed, with $10 costs and disbursements to appellants.

Plaintiff may serve such amended complaint within ten days after the entry of an order hereon. Section...

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