Renwick v. Town of Allegany

Halpern, J. (concurring).

Wholly apart from the question of whether an estoppel can be made out under the circumstances of this ease, I believe that the problem here presented may be solved by giving the plaintiff leave to serve a supplemental complaint pursuant to section 245-ib of the Civil Practice Act, added by chapter 486 of the Laws of 1935. That section reads as follows:

“New or additional facts; how pleaded. Upon application by a party the court may in its discretion permit a party to serve a supplemental pleading to set up any facts which occurred after the commencement of the action,…