Rodman Improvement Co. v. Krabo
Appellate Division of the Supreme Court of the State of New York
Appeal by defendant from an order of the Supreme Court, entered in the Bronx county clerk’s office January 29, 1918, granting the plaintiff’s motion for leave to serve an amended complaint herein.
1Opinion of the Court
Smith, J.:
This is an action to compel the specific performance of a contract to convey land with certain covenants. Upon the trial the defendant made a motion to dismiss the complaint which was about to be granted when the plaintiff asked leave to apply at Special Term for an amendment to the complaint. Thereupon, upon payment of all costs to date, the trial judge allowed the case to be held over and the plaintiff was permitted to apply at Special Term for the amendment to the complaint. Application was made at Special Term. A proposed amended complaint was annexed to the papers and the only…
2Cases cited1 opinion
- Quarantiello v. Grand Trunk Railway Co. of CanadaAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Lanzatella v. TumiaAppellate Division of the Supreme Court of the State of New York · 1953