Capellino Abattoir, Inc. v. Lieberman

— Appeal from an order of the Supreme Court at Special Term, entered August 7, 1978 in St. Lawrence County, which granted plaintiff’s motion for leave to serve a second amended complaint upon defendant. The facts of this case, which is before this court for the second time, are adequately set forth in our prior opinion (see Capellino Abattoir, Inc. v Lieberman, 59 AD2d 986). Following our earlier order which granted defendant’s motion to vacate a default judgment against him, plaintiff moved for leave to serve a second amended complaint, which contained an additional cause of action based on…