TOMPKINS v. LEITZ


11 A.D.2d 800 (1960)

Ronald W. Tompkins, an Infant, by Alvah J. Tompkins, His Guardian ad Litem, et al., Appellants, v. Kenneth R. Leitz, Respondent

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

July 11, 1960


Order modified by striking out from the decretal paragraph the provision denying the motion and by substituting therefor: (1) a provision granting the motion as to the third separate defense and counterclaim; (2) a provision denying the motion in all other respects; and (3) a provision granting leave to defendant, if so advised, to serve an amended answer. As so modified, order affirmed, with one bill of $10 costs and disbursements to plaintiffs. Defendant may serve his amended...

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