Leavitt v. Kostel

Plaintiff appeals from an order striking her second Amended Statement of Claim and dismissing her suit.

In her original Statement of Claim plaintiff (landlord) alleged that defendants (tenants) had breached their contractual obligation to maintain the premises in good repair and had negligently permitted the destruction of the building’s heating plant.

A Motion to Strike was allowed and the Statement of Claim was amended by deleting the charge of negligence and specifying that the cause of the heating plant’s destruction had been a fire on March 29, 1958.

Confronted with a Motion attacking this…