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Pierce v. Guffin

280 A.D. 970 Court N.Y. App. Div. Decision date 1952-11-12 English

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p. 970
Thalma G. Pierce, Appellant, v. Cecelia C. Guffin, Respondent, et al., Defendants.

Under the present circumstances, we think it would be preferable to permit plaintiff to replead, either in law or in equity, subject to renewal by defendant of any motion she may make with respect to the new pleading. Order unanimously modified accordingly and, as so modified, affirmed, without costs. Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Breitel, JJ.