MONTGOMERY WARD & CO. v. WEBER


7 Misc.2d 465 (1957)

Montgomery Ward & Co., Incorporated, Plaintiff, v. Milton H. Weber, Defendant.

Supreme Court, Special Term, New York County.

April 23, 1957.


Attorney(s) appearing for the Case

Arnold Bauman and Boris S. Berkovitz for defendant.

Herbert Robinson for plaintiff.


SAMUEL H. HOFSTADTER, J.

This is a corrective motion addressed to the amended complaint. The defendant moves in the alternative to set aside the entire amended complaint pursuant to section 245 of the Civil Practice Act, on the ground that it is in reality a supplemental complaint served without leave of court. By separate motion the plaintiff applies for an order permitting service of the amended complaint as an amended and supplemental complaint, should...

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