YOUNG v. NELSON


23 A.D.2d 531 (1965)

Michael Young, an Infant, by Sally Young, His Guardian ad Litem, Respondent, v. Frank G. Nelson et al., Defendants, and Richard S. Young, Appellant

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

January 14, 1965


Order insofar as appealed from unanimously reversed, without costs of this appeal to either party, without prejudice to reapply upon appropriate and adequate papers.

Memorandum:

CPLR 3211 (subd. [e]) provides that on a motion to dismiss for insufficiency if the opposing party desires leave to plead over in the event the motion is granted "he shall so state in his opposing papers and in them set forth evidence that could properly be considered on a motion for...

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