Costello v. Hoffman

Appeal by plaintiffs (1) from so much of an order of the Supreme Court, Dutchess County, dated September 27, 1967, as granted defendants’ motion to dismiss the amended complaint for failure to state a cause of action and (2) from a judgment of said court, dated October 4, 1967, in favor of defendants upon said order. Order reversed insofar as appealed from and judgment reversed, on the law, with $10 costs and disbursements, and motion denied. The time within which defendants may answer the amended complaint *531is extended until 20 days after entry of the order hereon. It is alleged in the…