Order modified by adding the words "with leave to plead over" after the word "dismissed" in the first ordering paragraph. As so modified, order insofar as appealed from unanimously affirmed, without costs, with leave to appellants, if so advised, to serve a further amended complaint within ten days after the entry of the order hereon.
The stipulation settling the prior action terminated that litigation and brought into being a new contract. (Hegeman v. Conrad<...
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