WEITZ v. CONSOL. EDISON CO.


21 Misc.2d 932 (1960)

Nathan Weitz et al., Plaintiffs, v. Consolidated Edison Company of New York, Inc., Defendant.

Supreme Court, Special Term, Kings County.

February 4, 1960.


Attorney(s) appearing for the Case

Joseph Kelner for Nathan Weitz, plaintiff.

O'Donnell & Schwartz for Melbourne J. Savoy, plaintiff.

Keegan & Clarke for defendant.


JACOB J. SCHWARTZWALD, J.

Movant in this negligence action seeks, inter alia, leave to serve an amended complaint and amended bill of particulars as proposed, on the ground that certain wording therein was incorporated through mistake and inadvertence.

The court may in its discretion, pursuant to sections 105 and 111 of the Civil Practice Act, permit correction of a mistake, since the complaint is merely a procedural step in bringing the...

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