Funfgeld v. Kogon

In an action by a subcontractor against a general contractor, upon an express contract and on quantum meruit, for work, labor and services performed and materials furnished, plaintiff appeals from an order dated May 9, 1949, insofar as such order grants a motion by defendants to strike out paragraph “ Fifteen ” of plaintiff’s amended complaint, and from an order dated August 23, 1949, which denies, without prejudice to renewal, a motion made by plaintiff to amend paragraph “Eighteen” of plaintiff’s amended complaint. Order of May 9, 1949, insofar as appealed from, reversed on the law» with…