Jones v. Freeman's Dairy, Inc.

Motion referred to the court that rendered the decision. Present — Nolan, P. J., MaeCrate, Schmidt, Beldock and Murphy, JJ. Motion for reargument granted. On reargument, leave is granted to defendants to serve a further amended answer so as (1) to plead the fourth and fifth affirmative pleadings contained in the amended answer, as counterclaims only, setting forth therein, among other things, proper allegations that plaintiff, in making the claimed representations, did so under a duty owed, that he made them with knowledge or notice that they would be acted on, that they were acted on, and…