Gelco Builders & Burjay Construction Corp. v. Diners Financial Corp.

Judgment entered June 30, 1969 so far as appealed from by defendant-appellant Diners Financial Corp. unanimously reversed, on the law, with $50 costs and disbursements to the defendant-appellant, the verdict rendered against it vacated, the action severed and the complaint as against said defendant-appellant dismissed. After a week of testimony and after both sides had rested, the court, over objection, granted the plaintiff’s motion to conform the pleadings to the proof. The original theory of plaintiff’s case was thus changed from one that pleaded that defendants fraudulently conspired to…