CALAUTTI v. NAT'L TRANSP. CO., INC.


10 A.D.2d 955 (1960)

Salvatore Calautti, Appellant, v. National Transportation Co., Inc., et al., Respondents

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

May 9, 1960


Order reversed, with $10 costs and disbursements, and motion granted.

The plaintiff shall serve and file a copy of the amended complaint within 10 days after the entry of the order hereon. In this record defendants do not dispute plaintiff's claim that, subsequent to the service of the original complaint, he ascertained that he was totally and permanently disabled and could never again be gainfully employed. There is no proof of actual prejudice to defendants. Under...

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