COLE v. J. FRIEDMAN CONSTR. CO., INC.


18 A.D.2d 1083 (1963)

Jerry J. Cole, Respondent, v. J. Friedman Construction Co., Inc., Appellant

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

April 8, 1963


Judgment affirmed, with costs. (For prior appeal in this action, see 13 A.D.2d 543.)

To conform the pleadings to the proof, the court on its own motion (Thorne Neale & Co. v. New York Southern Coal Term. Corp., 270 App. Div. 816, affd. 295 N.Y. 977) directs that the amended complaint be further amended as follows: (1) by adding to its seventh paragraph the allegation that ...

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