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SANDERS v. SCHIFFER

60 A.D.2d 736 (1977)

Harris Sanders et al., Respondents, v. Max Schiffer et al., Appellants

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

December 29, 1977

This matter was before the court on a prior appeal and the relevant facts are set forth in our decision thereon (46 A.D.2d 536). On further appeal to the Court of Appeals, our order dismissing the complaint and canceling a notice of pendency was modified to the extent that plaintiffs were granted the right to apply to Special Term for leave to serve an amended complaint upon a showing of the necessary evidentiary facts to sustain a cause...

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