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HILTON WATCH CO. v. BENRUS WATCH CO.

1 N.Y.2d 271 (1956)

Hilton Watch Co., Inc., Appellant, v. Benrus Watch Co. et al., Respondents.

Court of Appeals of the State of New York.

Decided May 24, 1956.

Attorney(s) appearing for the Case

Harvey M. Lewin for appellant.

Phillip W. Haberman, Jr., for respondents.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

Per Curiam.

A motion to serve a supplemental pleading alleging any new and additional cause of action is addressed to the discretion of the court (Civ. Prac. Act, § 245-a). There is no specification by the Appellate Division that its decision was based solely on a question of law as provided by section 603 of the Civil Practice Act. Consequently, we must presume that its decision was based on an exercise of discretion. Thus, there is no decisive question...

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