Bowery Savings Bank v. Retail Realty, Inc.

Appellate Division of the Supreme Court of New York

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

Appellate Division of the Supreme Court of the State of New York·Decided May 17, 1960·Published·Cited by 1 cases

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.]

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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.]

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 (N.Y. Ct. App. 1960).

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Opinion

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