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ARNOLD v. WEIDMAN

38 A.D.2d 362 (1972)

Herbert Arnold, Respondent, v. Fay Weidman et al., Appellants

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

March 20, 1972.

Attorney(s) appearing for the Case

Coughlin, Dermody & Guy (Robert J. Smith of counsel), for Fay Weidman, appellant.

Charles J. Bellew for Maude Weidman, appellant.

James E. Higgins for respondent.

HERLIHY, P. J., STALEY, JR., SIMONS and REYNOLDS, JJ., concur.

GREENBLOTT, J.

This is an appeal from an order of the Supreme Court at Special Term, entered September 23, 1971 in Broome County, which granted a motion to permit the service of an amended complaint.

By order dated and entered January 9, 1970, the Supreme Court dismissed the original complaint in this action, allowing respondent 20 days after service of the order to serve an amended complaint. On December 30, 1970, approximately one year later...

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