Hernandez v. Brookdale Mills, Inc.

This is a motion to bring in additional defendants and permit the service upon them of a supplemental summons and of a complaint. The proposed complaint is designated neither as a supplemental nor as an amended complaint, although it is radically different from the original complaint in the action, as will be shown hereafter. There is no indication either in the order to show cause or in the moving affidavit of a request for leave to amend as against the original defendant, but as two complaints obviously cannot be permitted to stand simultaneously the technicality will be overlooked and the…