BUDOFF v. KESSLER


2 A.D.2d 760 (1956)

Henry N. Budoff, Appellant, v. Claire Kessler, as Administratrix of The Estate of Barnett Kessler, Deceased, Defendant, and J. Gordon Rubin, Respondent

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

July 9, 1956


Order reversed, without costs, and motion granted, without costs; the second amended complaint to be served within 10 days after the entry of the order hereon.

We do not pass on whether the first amended complaint was based on breach of contract. The proposed second amended complaint contains no allegations as to pain and suffering sustained by the appellant or as to negligence on the part of respondent and defendant and demands damages, limited to $1,400. So far...

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