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DAUKAS v. SHEARSON, HAMMILL & CO., INC.

23 A.D.2d 833 (1965)

Nicholas J. Daukas et al., Respondents, v. Shearson, Hammill & Co., Incorporated, et al., Appellants

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

May 13, 1965

Order, entered on January 18, 1965, denying defendants' motion to dismiss the complaint for failure to state a cause of action, unanimously reversed, on the law, without costs or disbursements, and the motion to dismiss the complaint granted, with leave, however, to plaintiffs to apply at Special Term for permission to replead. (See CPLR 3211, subd. [e].)

This complaint suffers generally, and even more noticeably, from the infirmity which condemned the complaint in...

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