Opinion
January 21, 1971
Order, Supreme Court, New York County, entered on July 17, 1970, compelling plaintiff to serve an amended complaint, is unanimously reversed on the law, without costs and without disbursements, and the motion is denied. The allegations of the complaint are sufficiently definite to enable defendants-respondents to answer. The complaint alleges one basic transaction. It is alleged that fraud and duress were practiced upon plaintiff by the defendants resulting in the sale in 1966 of plaintiff's interest in four parcels of real property at an inadequate price. The other defendants have answered. The defendants-respondents will not be prejudiced by answering the complaint. (See Foley v. D'Agostino, 21 A.D.2d 60.)
Concur — Capozzoli, J.P., McNally, Tilzer and Macken, JJ.