Jenkins v. Warren
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Walter H. Warren and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the lltli day of November, 1897, granting the plaintiff leave to serve an amended complaint.
1Opinion of the Court
Van Brunt, P. J.:
It is difficult to see upon what ground the court below granted the order appealed from. There is nothing whatever in the moving papers tending to show the necessity for the service of an amended complaint or in what respect the counsel for the plaintiff thought it necessary to amend the original complaint. The original complaint was not before the court, and there was nothing to show any necessity for amendment. The only allegation upon this subject contained in the moving affidavit, which is made by the attorney, is that he had advised the plaintiff that it was very…
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