Berkenstat v. Oliver

The granting or refusal of the amendment requested was discretionary (Civ. Prac. Act, § 434; Rides Civ. Prac., rule 166), and the trial court was not required to permit an amendment against respondent Rabkin which radically changed the theory upon which recovery was sought against him. (Walrath v. Hanover Fire Ins. Co., 216 N. Y. 220; Dexter v. Ivins, 133 N. Y. 551; Schneider man v. Mother’s Friend’s Wet Wash Laundry, 230 App. Div. 197; Spies v. Lockwood, 40 App. Div. 296.) Insofar as the judgment is in favor of respondent Oliver, it is reversed on the law and the facts, without costs, the…