MILTENBERG & SAMTON, INC. v. OVERSEAS INVESTORS, INC.


24 A.D.2d 949 (1965)

Miltenberg & Samton, Inc., Appellant, v. Overseas Investors, Inc., Respondent

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

December 16, 1965


Order entered on May 20, 1964, granting defendant's motion to dismiss the complaint, unanimously reversed, on the law, with $30 costs and disbursements to the appellant, and the motion denied, with leave to defendant to serve an amended answer, if so advised, within 10 days after service of a copy of the order to be entered hereon with notice of entry.

The issue raised by defendant's motion has not been satisfactorily resolved by the affidavits and should therefore...

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