Jet Age Knitwear Machinery Corp. v. Philip

Order, entered on July 10,1964, denying defendant Philip’s motion to dismiss the complaint against “ Philip Knitting Mills ” and for alternative relief, unanimously modified, on the law, .to delete all directions from the order except the denial of the motion, and the order, as so modified, affirmed, without costs to any party. The motion must have been denied (or dismissed) because the alleged partnership was not a party to the action, was not named as a partnership entity in .the complaint, and the motion was not made by - it. It was not proper to amend the caption or the allegations of the…