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POTRZEBA v. UNION CEMETERY OF HYDE PARK, INC.

12 A.D.3d 584 (2004)

784 N.Y.S.2d 371

BERNARD POTRZEBA et al., Respondents, v. UNION CEMETERY OF HYDE PARK, INC., et al., Appellants.

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

November 22, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court properly granted the plaintiffs leave to serve a second amended complaint to the extent it alleged causes of action sounding in defamation and libel per se (see CPLR 3025 [b]; Giblin v Murphy, 73 N.Y.2d 769 [1988]; Pirrotti & Pirrotti, LLP v Estate of Warm, 8...

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