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TORREY DEL. v. CHAUTAUQUA SERV.

47 A.D.2d 279 (1975)

Torrey Delivery, Inc., Respondent, v. Chautauqua Truck Sales and Service, Inc., (Formerly Chautauqua White Service, Inc.) et al., Appellants

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

April 17, 1975

Attorney(s) appearing for the Case

Johnson, Peterson, Tener & Anderson (Ronald W. Malin of counsel), for appellants.

Lippes, Kaminsky, Silverstein & Sushek (Henry Sushek of counsel), for respondent.

MARSH, P.J., MOULE, SIMONS and GOLDMAN, JJ., concur.

MAHONEY, J.

Defendants appeal from that portion of an order of Special Term which denied their motion to dismiss plaintiff's complaint for failure to state a cause of action and granted plaintiff's cross motion to permit service of an amended complaint.

The operative allegations contained in plaintiff's original complaint, as well as its amended complaint, are...

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