Order and judgment dismissing the amended complaint for insufficiency are unanimously reversed on the law, with costs to appellant, and the motion is denied, with $10 costs. The amended complaint, as a pleading, supplies the defects in the original complaint which was dismissed with leave to replead ( 8 A.D.2d 707). The matter of the payment schedule was not left open — but the parties agreed that it was to be determined to the satisfaction of the bank.
Concur — Botein, P.J., Breitel, Rabin, M.M. Frank and McNally, JJ. [ 19 Misc.2d 752.]