Felix v. Tischler

In an action to recover damages for wrongful death and conscious pain and suffering, etc., plaintiff appeals from an order of the Supreme Court, Kings County, entered April 7, 1978, which granted a motion by the third-party defendant, Dr. Hun J. Kwak, to dismiss plaintiffs supplemental summons and amended verified complaint. Order reversed, with $50 costs and disbursements payable to plaintiff by third-party defendant Kwak, and motion denied. "An amended or supplemental pleading served without leave * * * is not necessarily a nullity but should be considered effective when it is clear that…