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BOWERY SAV. BANK v. RETAIL REALTY, INC.

10 A.D.2d 924 (1960)

Bowery Savings Bank, Appellant, v. Retail Realty, Inc., et al., Respondents

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

May 17, 1960

Order and judgment dismissing the amended complaint for insufficiency are unanimously reversed on the law, with costs to appellant, and the motion is denied, with $10 costs.

The amended complaint, as a pleading, supplies the defects in the original complaint which was dismissed with leave to replead (8 A.D.2d 707). The matter of the payment schedule was not left open — but the parties agreed that it was to be determined to...

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