K.S. & S. REST. CORP. v. YARBROUGH


104 A.D.2d 486 (1984)

K.S. & S. Restaurant Corp., Appellant, v. Mary Yarbrough et al., Respondents

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

August 27, 1984


Judgment modified, on the law, by adding a provision thereto that the dismissal of the complaint is without prejudice to plaintiff's right to replead, if it be so advised. As so modified, judgment affirmed, with one bill of costs to the defendants. Plaintiff's time to replead is extended until 20 days after service upon it of a copy of the order to be entered hereon, with notice of entry.

By an agreement dated August 17, 1978, plaintiff's predecessor in interest leased...

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