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ROCHESTER POSTER ADVER. CO., INC. v. TOWN OF PENFIELD

51 A.D.2d 870 (1976)

Rochester Poster Advertising Co., Inc., Respondent, v. Town of Penfield, Appellant

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

February 20, 1976

Order unanimously affirmed, with costs.

Memorandum:

Defendant appeals from an order of the Monroe County Supreme Court which permitted plaintiff to amend the complaint after the original pleading was dismissed pursuant to CPLR 3211 (subd [a]). Although at the time of defendant's motion under CPLR 3211 (subd [a]), plaintiff did not request leave to replead as mandated by CPLR 3211 (subd [e]) that failure does not require reversal of the order (CPLR 3025, subd...

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