HAVES v. LONGWOOD ASSOCS.


60 A.D.2d 644 (1977)

Morton Haves, as Receiver in Foreclosure for The Federal Deposit Insurance Corporation, Appellant, v. Longwood Associates et al., Respondents

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

December 27, 1977


Order reversed, with $50 costs and disbursements, and motion denied.

The time within which defendants may serve their answer is extended until 20 days after entry of the order to be made hereon. The dismissal of the complaint was improper. Each of the three causes of action alleges facts and legal theories which might result in recovery. Therefore the plaintiff should not be summarily precluded from presenting his case (see Curren v O'Connor,

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