Resettled order affirmed, with $10 costs and disbursements.
By this decision we hold only that the second cause of action as pleaded in the present amended complaint, while it sets forth an additional cause of action, is not based on new facts. It is based, rather, on the same facts alleged in the original complaint, which fully apprised defendant of the nature of the claim. This decision is not to be construed as precluding defendant from urging upon the trial its...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
