Pomona Entererprises, Ltd. v. Mellen

Defendants appeal from an order of the Supreme Court, Rockland County, dated February 14, 1968, which granted defendants’ motion to dismiss the complaint, with leave to plaintiffs to serve an amended complaint. Pursuant to CPLR 5517 (subd. [b]) we have reviewed a subsequent order of said court, dated April 18, 1968, which, upon reargument, vacated said order of February 14, 1968 and denied defendants’ said motion, without prejudice and with leave to renew. Order of April 18, 1968 modified, on the law, by deleting the third decretal paragraph thereof, which vacated the order of February 14,…