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STEINER v. WENNING

53 A.D.2d 437 (1976)

Helen J. Steiner, Appellant, v. Harry Wenning, Respondent

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

July 12, 1976

Attorney(s) appearing for the Case

Helen J. Steiner, appellant pro se.

Hart & Hume (Joseph A. Bergadano of counsel), for respondent.

HOPKINS, Acting P. J., and LATHAM, J., concur with HAWKINS, J.; SHAPIRO, J., dissents and votes to reverse the judgment, reinstate the complaint, grant plaintiff's motion for leave to amend the complaint and deny defendant's motion to dismiss the complaint, with an opinion, in which MARTUSCELLO, J., concurs.

HAWKINS, J.

This appeal is from a judgment in favor of the defendant upon the trial court's denial of plaintiff's motion, upon oral argument, after a jury had been selected, to amend the complaint so as to plead a cause of action for breach of contract and to strike the defendant's affirmative defense that the action is time-barred by the three-year Statute of Limitations (CPLR 214) and upon granting the defendant...

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