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SZARF v. BLUMENFELD

5 A.D.2d 887 (1958)

Jurek Szarf, Individually and as Administrator of The Estate of Mieczyslaw Szarf, Deceased, Appellant, v. Berek Blumenfeld, Respondent. (Appeal No. 3.)

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

March 24, 1958

Order reversed, with $10 costs and disbursements, and motion denied, without prejudice to a renewal of the motion upon a proper proposed amended answer.

The present proposed amended answer is improper in that it pleads the legal effect of foreign statutes rather than their substance. It is also necessary to plead that the foreign statutes were in effect at the time of the alleged transaction, and to negative any exceptions...

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