Speziale v. National Brass Manufacturing Co.

Order modified and as modified affirmed, without costs. Memorandum. In Patie v. Union Carbide Co. (244 App. Div. 606) we held the allegation of a cause of action in the words contained in the third alleged cause of action in the present complaint to be an allegation of negligence to which the three-year Statute of Limitations applied. Following this decision we now hold that the third so-called cause of action is but *679an additional specification of negligence to be read in connection with the first and second causes of action. We find it unnecessary to require the plaintiff to serve an amended…