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DARMSTEADTER v. TANDBERG OF AM.

104 A.D.2d 355 (1984)

Eric Darmsteadter et al., Appellants, v. Tandberg of America et al., Defendants, and Sigmund Haywood Management Corporation et al., Respondents

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

August 6, 1984

Order reversed, with costs, motion denied, that branch of plaintiffs' cross motion which sought leave to serve a second amended complaint granted and the cross motion otherwise denied. The proposed second amended complaint annexed to plaintiffs' moving papers is deemed served.

In our view, the court erred in determining that the fourth cause of action asserted in the amended complaint, wherein plaintiffs alleged that all...

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