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GREENWALD v. HOWARD STORES CORP.

24 A.D.2d 626 (1965)

Emanuel Greenwald, Appellant, v. Howard Stores Corporation, Respondent

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

July 19, 1965

Order reversed, with $10 costs and disbursements, and plaintiff's motion granted. Plaintiff may serve his amended or supplemental complaint within 30 days after entry of the order hereon.

In our opinion, the denial of leave to serve the supplemental complaint was an improvident exercise of discretion. Such leave should be freely given (CPLR 3025). So far as the merits of the proposed pleading are concerned (cf. Keller v. Greyhound Corp.,

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