Bowery Savings Bank v. Retail Realty, Inc.

10 A.D.2d 924, 200 N.Y.S.2d 678, 1960 N.Y. App. Div. LEXIS 9897

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 17, 1960
• Status: Published

Opinion

Order and judgment dismissing the amended complaint for insufficiency are unanimously reversed on the law., with costs to appellant, and the motion is denied, with $10 costs. The amended complaint, as a pleading, supplies the defects in the original complaint which was dismissed with leave to replead (8 A D 2d 707). The matter of the.payment schedule was not left open — but the parties agreed that it was to be determined to the satisfaction of the bank. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and McNally, JJ. [19 Misc 2d 752.]