SCHWARTZ v. ENGLISH-SPEAKING UNION (NEW YORK), INC.


5 A.D.2d 814 (1958)

Betty Schwartz, Appellant, v. English-Speaking Union (New York), Inc., Respondent

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

February 11, 1958


Order granting motion to dismiss is modified on the law and in the exercise of discretion, with costs to respondent.

Appellant is granted leave to serve within 10 days from the service of a copy of the order to be entered herein, if she be so advised, an amended complaint containing an allegation that appellant was able and willing to perform, provided a reasonable adjournment of the closing had been granted by the vendor and eliminating from the complaint allegations...

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