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LA LUMIA v. SCHWARTZ

23 A.D.2d 668 (1965)

Joseph La Lumia, Respondent, v. Arthur Schwartz et al., Appellants

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

March 8, 1965

Order modified by striking out the provision that the complaint states a good cause of action, and by substituting therefor two provisions: (a) a provision granting defendants' motion to the further extent of dismissing the complaint on the ground that it fails to state a good cause of action; and (b) a provision permitting plaintiff to serve an amended complaint. As so modified, the order, insofar as appealed from, is affirmed, without costs.

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