Abrahams v. Finkelstein
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from two orders of the City Court of the city of New York: an order granting plaintiff’s motion to amend the complaint and an order denying defendants costs on said motion.
1Opinion of the CourtScott, J.
When the cause came on for trial, the justice presiding expressed the opinion that the complaint was defective in that it alleged only an attempt to discharge plaintiff from defendants’ employ, but not an actual discharge, and he intimated his purpose to dismiss the complaint. 'Plaintiff’s counsel then contended, and still insists, that the complaint was sufficient and needed no amendment; but, as he expresses it, “ in deference to ” the justice, who criticised the com*449plaint, a motion was made at Special Term to amend the complaint by inserting an allegation that defendants wrongfully…
2Cases cited3 opinions
- McMurray v. McMurrayNew York Supreme Court · 1870
- Smith v. NorvalThe Superior Court of New York City · 1849
- Shaw v. BryantNew York Supreme Court · 1892
3Cited by1 opinion
- Abrahams v. FinkelsteinNew York Supreme Court · 1907