Palazzo v. Degnon-McLean Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Degnon-McLean Contracting Company (a corporation), from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the'county of New York on the 23d day of March, 1906, permitting the plaintiff to servé an amended complaint.
1Per curiam
This was an action to recover damages for the alleged negligence of the defendant. Upon the trial, at the close of. the case, by peiv mission of the court a juror was allowed to be withdrawn. Thereafter plaintiff moved for leave to amend his complaint in order to enable him to set up with more particularity the defects complained of. The order appealed from granted the motion upon the payment of twenty dollars costs.
The order should be modified by providing for the payment by the plaintiff of all taxable costs to the date of the motion, for leave to amend, with ten dollars costs of that…
2Cited by5 opinions
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