DU BROFF v. GERBER


32 A.D.2d 833 (1969)

Diana D. Du Broff, Also Known as Diana E. Wiesner, Appellant, v. Gustave A. Gerber, Respondent, et al., Defendant

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

June 30, 1969


Order modified, on the law, by striking therefrom the second decretal paragraph, which dismissed the third cause of action, and by substituting therefor a provision denying the motion to dismiss that cause of action. As so modified, order affirmed insofar as appealed from, with costs to appellant to abide the event of the new trial.

No questions of fact were considered. In our opinion, sufficient was proved by plaintiff to warrant the submission of the third cause...

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