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AMBASSADOR INS. CO. v. COHEN

80 A.D.2d 627 (1981)

Ambassador Insurance Company, Appellant, v. Morris Cohen, Respondent

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

February 23, 1981

Appeal from the order is dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment modified by deleting from the first decretal paragraph thereof the words "with prejudice, and without leave to replead" and substituting therefor the following: "without prejudice to replead". As so modified, judgment affirmed. Plaintiff, if it be so advised, shall serve an amended complaint within 20 days after service upon it of a copy of the order...

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