Radice v. Mergenhagen

275 A.D.2d 988 Court N.Y. App. Div. Decision date 1949-06-24 English

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p. 988

John Radice et al., Respondents, v. Francis J. Mergenhagen, et al., Appellants.

Memorandum: We do not pass upon the ° validity of any amended complaint that may be served in accordance with the order of the Special Term. All concur. (The portion of the order appealed from denies in part defendants’ motion under rules 106 and 107 of the Rules of

p. 989

Civil Practice to dismiss plaintiffs’ complaint.) Present — Taylor, P. J., McCurn, Love, "Vaughan and Piper, JJ.