AUSTIN v. SACCACIO


1 A.D.2d 1028 (1956)

Louis W. Austin, Respondent, v. Alice Saccacio et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 21, 1956


Order, insofar as appealed from, affirmed, with $10 costs and disbursements.

While there is no authority for an "amended and supplemented" complaint (cf. Horowitz v. Goodman, 112 App. Div. 13; Homer v. Homer, 282 App. Div. 699), the irregularity may be disregarded under section 105 of the Civil Practice Act, appellants not having been prejudiced thereby. On the record presented, there was no abuse of discretion by the Special Term in permitting an amendment...

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