DICKENOR REST. INC. v. HOTEL EXECUTIVE ON MADISON AVE., LTD.


13 A.D.2d 909 (1961)

Dickenor Restaurant Inc., Appellant, v. Hotel Executive On Madison Avenue, Ltd., et al., Respondents, et al., Defendant

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

June 6, 1961


Order entered on February 1, 1961, insofar as it dismisses the first cause of action of the amended complaint, unanimously reversed on the law, with $20 costs and disbursements to the appellant, with leave, however, in the exercise of discretion, to the plaintiff to replead if so advised.

The amended complaint contains six causes of action. The defendants-respondents moved, inter alia, to strike the first, second, third, fifth and sixth causes of action for...

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