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AYAD v. AMER. FOREIGN S. S. CORP.

9 Misc.2d 343 (1957)

Azid Ayad, Respondent, v. American Foreign Steamship Corporation, Appellant.

Supreme Court, Appellate Term, Second Department.

May 23, 1957.

Attorney(s) appearing for the Case

Corydon B. Dunham and Vine H. Smith for appellant.

Silas B. Axtell for respondent.

PETTE, HART and BROWN, JJ., concur.

Per Curiam.

At the opening of the trial the court was apprised of the plaintiff's intention to amend his complaint so as to include an additional cause of action in negligence. The denial of defendant's motion for an adjournment, made before any testimony was taken, and the granting of plaintiff's motion to amend the complaint at the close of his case over the objection of the defendant was an improper exercise of...

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