| N.Y. App. Div. | Jan 15, 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.

© 2024 Midpage AI does not provide legal advice. By using midpage, you consent to our Terms and Conditions.