¶1Order unanimously modified so as to grant leave to replead and, as so modified, affirmed. Accordingly, the judgment appealed from is vacated. There is sufficient in the record to indicate that the plaintiff should have the right to replead. Settle order on notice. Concur — Breitel, J. P., Rabin, Cox, Valente and Bastow, JJ.
1 A.D.2d 946
Goddard v. Gladstone
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1956
Appellate Division of the Supreme Court of the State of New York · decided 1956-04-24
Decided 1956-04-24