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BRANCATO v. AMBROSIO

8 Misc.2d 735 (1957)

Joseph Brancato, Plaintiff, v. Vincenzo Ambrosio et al., Defendants.

Supreme Court, Special Term, Queens County.

October 21, 1957.

Attorney(s) appearing for the Case

Herman Saperstein and Nathaniel Saperstein for plaintiff.

M. Samuel Lane for defendants.

SAMUEL RABIN, J.

Motion by plaintiff for leave to serve a supplemental complaint in addition to the original complaint.

Ordinarily on such a motion the court does not examine the merits of the proposed pleading. (Ponticello v. Prudential Ins. Co., 281 App. Div. 549.) Where, however, the proposed pleading completely lacks merit and can only cause delay and confusion leave should be denied. (Stanford v. Cayuga Linen & Cotton Mills...

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