Pollak v. Dodge Manufacturing Co.

In the complaint in this action a cause of action for damages by reason of false and fraudulent representations is sought to be stated. The defendant demurs for insufficiency. The demurrer was sustained and the plaintiff given six days in which to serve an amended complaint. An appeal was taken to this court and the interlocutory judgment was affirmed. 78 Misc. Rep. 350. The plaintiff failed to avail himself of the leave given to serve the amended complaint and final judgment was granted dismissing the complaint upon the merits. The interlocutory judgment merely provided for the dismissal of…