Order reversed, without costs of this appeal to either party, and motion granted, without costs, with leave to plaintiff to file an amended complaint within 20 days after service of a copy of the order herein.
Memorandum:
The complaint is based on alternative theories of negligence, one of which is conceded to be without merit. It is well settled that unless such a pleading is good as to both alternatives it must be dismissed as insufficient. (Potter v...
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