Caldovino v. Scala

In a judgment creditor’s action, pursuant to section 795 of the Civil Practice Act, the appeal is from an order made on respondent’s motion, granting, without the imposition of terms, leave to serve a second amended complaint, insofar as the order denied appellant’s request that she be permitted to demand a jury trial and insofar as it fails to impose terms as a condition of the amendment. The parties proceeded to trial before the court, without a jury, on the issues raised by the amended complaint and the answer thereto. The gravamen of the action was that appellant, Lucy Scala, was indebted…