Order, entered October 28, 1968, unanimously modified, on the law and in the exercise of discretion, to provide that the plaintiff shall have 20 days from entry of order hereon to serve an amended complaint, and the order is otherwise affirmed, without costs and disbursements.
There is a failure to state the "material elements" of plaintiff's cause of action in that the allegations of the complaint are insufficient to properly plead an agreement with respect to the...
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