Duffy v. Duffy

Order denying plaintiff’s motion for leave to serve her newly-proposed complaint reversed on the law and the facts, without costs, and motion granted. While there are some matters alleged in the new pleading which were not originally pleaded, they seem to but amplify the original allegations and in that light are not to be rejected by a denial of the motion. As to matters occurring since the service of the original complaint, we are of opinion that in a statutory action such as this, the plaintiff has a right to plead them by way of a supplemental complaint. (Smith v. Smith, 99 App. Div. 283,…