Feldblum Realty Corp. v. City of New York

Since the defendant The City of New York does not oppose the motion, the plaintiff will be given leave to discontinue without costs. The motion to serve an amended complaint as to defendant St. George Paving Corporation must also be granted. Under section 723 of the Code of Civil Procedure an amendment of a complaint destroyed the issue, and the Special Term was held without power to allow the cause to retain its place upon the calendar. (Beriman v. Neisner, 177 App. Div. 442.) Section 105 of the Civil Practice Act, as construed by Stehli Silks Corporation v. Kleinberg (200 App. Div. 16) and…