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RICHARD FULTON, INC. v. LEVINE

59 A.D.2d 677 (1977)

Richard Fulton, Inc., Appellant, v. Lawrence S. Levine et al., Respondents, et al., Defendants

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

October 13, 1977

Unanimously modified, in the exercise of discretion, to the extent of permitting plaintiff to once again replead, in this action which he commenced in December, 1972, and, as so modified, the order is affirmed, with $60 costs and disbursements of this appeal to defendants-respondents.

While we are mindful of the fact that "this complaint is not artfully pleaded and contains much that is surplusage" (Kaminsky v Kahn

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