FIVE TOWNS CARD & GIFT SHOP, INC. v. LAWRENCE DRUG CO.


49 A.D.2d 568 (1975)

Five Towns Card & Gift Shop, Inc., Appellant, v. Lawrence Drug Co. et al., Respondents

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

July 7, 1975


Order modified by adding thereto a provision granting leave to plaintiff to serve a second amended complaint, if so advised. As so modified, order affirmed, without costs.

The time within which a second amended complaint may be served is extended until 20 days after service of a copy of the order to be made hereon, with notice of entry. There is a basic error in the theory upon which the present complaint is premised and for this reason we sustain the objection to...

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