Legal Opinion · Concurrence

Bunke v. New York Telephone Co.

Appellate Terms of the Supreme Court of New York

Decided December 15, 1904Published

Appeal by the defendant from a judgment of the Municipal Court of the city, of New York, twelfth district, borough of Manhattan, for fifty dollars and costs on verdict of a jury.

1Concurrence

Freedman, P. J. (concurring).

Although the applicability of section 2944 of the Code of Civil Procedure to the Municipal Court as it existed under section 1347 of the Consolidation Act was repealed by the new Municipal Court Act, the substance of section 2944 was re-enacted by section 166 of the last-mentioned act, and hence I feel constrained by the decision of this court in Hawkes v. Burke, 34 Misc. Rep. 189, to concede that the power of the Municipal Court to allow an amendment of the pleading goes to the extent of allowing an amendment which involves a new cause of action or defense,…

2Cases cited1 opinion

  1. Hawkes v. BurkeAppellate Terms of the Supreme Court of New York · 1901

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