Whalen v. Drillco Equipment Co.

In an action to recover damages for personal injuries, etc., the defendants separately appeal from an order of the Supreme Court, Nassau County, dated May 19,1980, that granted plaintiffs’ motion for leave to amend their complaint. Order affirmed, with one bill of $50 costs and disbursements payable jointly by defendants. Robert Whalen (hereinafter plaintiff) sustained injuries when a lathing gun he was using in the course of his employment allegedly misfired. In his initial complaint and first amended complaint, he alleged that the gun misfired because it was defective. (His wife sues…