Biasi v. Acme Engineering & Contracting Co.

156 N.Y.S. 1116 | N.Y. App. Div. | 1916

—Judgment reversed and new trial granted, with costs to appellant to abide event. Held (1), that the notice is a part of the complaint and should be read in connection therewith, and when so read the complaint states a cause of action. (2) Even if the complaint was defective, the court had power under the circumstances of this ease to allow the amendment asked. All concurred.