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METRAL v. HORN

213 A.D.2d 524 (1995)

624 N.Y.S.2d 177

Maritsa Metral et al., Appellants-Respondents, v. Leonard C. Horn et al., Defendants, and David Friedman et al., Respondents-Appellants

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

March 20, 1995

Ordered that the order is modified, on the law, by deleting the provision thereof which granted the branch of the plaintiffs' cross motion which was for leave to serve an amended complaint repleading their cause of action sounding in fraud and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the respondents-appellants.

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