Guarino v. Fireman's Insurance
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City Court of the city of New York in favor of the plaintiff, entered upon the.verdict of a jury, and from an order denying a motion for a new trial.
1Opinion of the CourtMacLean, J.
In an action to recover upon a policy of fire "insurance, the plaintiff served upon the defendant an amended complaint in which he. .failed to allege the facts showing performance of conditions. This was not cured by the general allegation permitted by section 533 of the Code of Civil Procedure, because the word “ duly,” a word of substance, not of form, was omitted (Clemens v. American Fire Ins. Co., 70 App. Div. 435), nor by any interlineation of that word in the original amended complaint, for it is recognized “ that a defendant has a right to consider the complaint which is served upon…
2Cases cited1 opinion
- Clemens v. American Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Hall v. MarvinAppellate Division of the Supreme Court of the State of New York · 1910