Kruger v. Klube

278 A.D. 751 | N.Y. App. Div. | 1951

Order reversed on the facts and as a matter of discretion, without costs of this appeal to any party, and motion granted, without costs, on the ground that in a situation such as this where an immature child is the real party in interest, the motion for leave to amend should be granted. All concur. (Appeal from an order denying plaintiffs’ motion for leave to amend their complaint and bill of particulars, in a negligence action.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.