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Lanzi v. Brooks

43 N.Y.2d 947 Court N.Y. Decision date 1978-02-22 English

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p. 947
Joseph Lanzi, Appellant, v Arthur Brooks, Respondent.
Submitted February 13, 1978;
decided February 22, 1978

Return of remittitur requested and, when returned, it will be amended by adding thereto the following: "This determination is without prejudice to an application by appellant to Supreme Court for leave to serve an amended complaint, such application to include a copy of the proposed amended complaint accompanied by a disclosure of the evidentiary facts which would support the claim set forth in the proposed amended complaint and would justify the granting of such leave (cf. CPLR 3211, subd [d]).” [See 43 NY2d 778 .]

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