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ARG TRUCKING CORPORATION v. AMERIMART DEVELOPMENT COMPANY

302 A.D.2d 876 (2003)

754 N.Y.S.2d 497

ARG TRUCKING CORPORATION, Appellant, v. AMERIMART DEVELOPMENT COMPANY et al., Respondents, et al., Defendants.

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

Decided February 7, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of plaintiff's cross motion seeking leave to amend the complaint to include the proposed second cause of action upon condition that plaintiff shall serve the proposed first amended complaint within 20 days of service of a copy of the order of this Court with notice of entry and as modified the order is affirmed without costs.

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