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RICCOBONI v. BESTFOODS, INC.

287 A.D.2d 702 (2001)

732 N.Y.S.2d 174

GEORGE RICCOBONI et al., Appellants, et al., Plaintiffs, v. BESTFOODS, INC., Formerly Known as CPC INTERNATIONAL, INC., Respondents.

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

Decided October 29, 2001.

Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the second amended complaint is deemed served; and it is further,

Ordered that the respondents' time to answer the second amended complaint is extended until 20 days after service upon them of a copy of this decision and order with notice of entry.

The Supreme Court improvidently exercised its discretion in denying the appellants' motion for leave to serve...

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