Fidel v. Brooklyn & Queens Transit Corp.

That part of the order granting, on reargument, plaintiff’s motion to serve an amended complaint reversed on the law and the facts, and the motion in that respect denied, without costs, unless the plaintiff stipulate within ten days from the entry of the order herein that the cause of action is one for concurrent negligence of the three defendants, one of which has settled for the damages caused by its negligent acts, and the action is being continued as against the other two defendants, not released, to recover for such damages as the plaintiff has suffered by reason of their negligence. If…